Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,932 Articles
Biden Team Gets It Right on Inadmissibility of Torture Evidence in Al-Nashiri Case
In a much anticipated brief, the government categorically rejected the use of statements obtained through torture in military commissions and promised not to admit any statements…
Prepublication Review and the Quicksand Foundation of Snepp
A massive system of prior restraint hangs on an irregular Supreme Court footnote.
2022 Update: Good Governance Paper No. 5: Prepublication Review – How to Fix a Broken System
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
Cuando la corrupción no tiene rastro de dinero: las sanciones pasan por alto casos cruciales
En Guatemala, se expulsan los últimos defensores contra la corrupción, una tendencia que debería generar tanta preoccupación como el soborno tradicional.
EU-US Plan for Bosnia Risks Undermining New Sanctions and Bolstering Putin
Electoral deal also offers state land and backtracks on genocide denial, threatening territorial integrity, justice, and peace.
When Corruption Has No Money Trail: Sanctions Overlook Crucial Cases
Guatemala’s last anti-corruption stewards are being forced out, a trend that should raise as many alarms as traditional bribery and graft.
A German Sentence of Life Imprisonment for Crimes Against Humanity – A Small Measure of Justice for Syria
Unpacking a landmark conviction for war crimes in Syria.
Big Tech Is Not Big Tobacco
In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.
From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation
Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…
Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation
After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.
There Is a Way to Close Guantanamo
An outline of steps to end the policy of law of war detention, close Guantanamo, and end one of the grimmest chapters of the endless war era.
Defending the Rule of Law Requires Ending Guantanamo Detention
After 20 years, continued Guantanamo detention is unjustifiable.