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
Paul Manafort’s Book Deal May Breach His Plea Agreement
Former lead prosecutor in Manafort's case analyzes the reported book deal and Manafort's plea agreement which expressly addressed such a situation.
With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom
Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…
The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico
Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."
How Stalling Tactics Could Still Constrain the January 6 Committee
Without a greater sense of urgency in the Jan. 6 investigation, it risks failing like every other effort to hold Trump accountable.
Exiled Journalists Need Support, Not Autocrat-Fueled Skepticism
Western donors, civil society, and media partners need to update their views of those who've fled repression.
Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss
U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.
We Now Know What Information the FBI Can Obtain from Encrypted Messaging Apps
Despite its “going dark” claims, the FBI can obtain a remarkable amount of user data from secure messaging apps that collectively have several billion global users.
France Is Not a Safe Haven for Human Rights Abusers – Despite High Court Opinion
The French high court struck a blow against universal jurisdiction recently - but the decision need not doom future cases.
FY22 NDAA: A Missed Opportunity to Improve Military Justice
The draft FY22 NDAA disappoints with watered-down military justice reform provisions.
Neither Truth Nor Reconciliation: Mexico’s President Betrays Commitment to Transitional Justice
Yet, regardless of the scale and acceleration of abuses, such concerns are marginalized or avoided at high-level US-Mexico meetings.
The Biden Administration’s Moment of Truth on Torture Evidence
US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
Litigation Tracker: Major Decisions Facing the Biden Administration
The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…