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.
2,854 Articles
Asylum and the Three Little Words that Can Spell Life or Death
The U.S. Board of Immigration Appeals defines “particular social group” in a way that practically ensures the denial of asylum claims, especially for Central Americans. The…
A New Consensus Around Transparency and National Security Surveillance
Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
Torture Evidence and the Guantanamo Military Commissions
Burying evidence of torture, while surreptitiously admitting the fruits of torture is not what a decent legal system does. Bringing to justice those accused of atrocious crimes…
Beyond the Coup in Myanmar: The Need for an Inclusive Accountability
The Feb. 1 coup made it clear that when it comes to maintaining its grip on power, the Tatmadaw does not discriminate. The brutality with which it has consistently engaged with…
The US Should Respect the ICC’s Founding Mandate
An American Society of International Law task force recommends ways to improve the Court, but some of the advice seems to undermine the goal.
Folly at the Supreme Court: Choosing Between Competing Originalist Claims
Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Beyond the Coup in Myanmar: A Crisis Born from Impunity
The roots of the coup can be found both domestically, in the 2008 Constitution, and in the failure of the international community to hold Myanmar's military to account.
Facebook Oversight Board’s Decision on Trump Ban in a Global Context: The Treatment of Political Leaders
The future of Facebook's treatment of political leaders across the world
How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation
New restrictive election laws have targeted more than the right to vote - they also implicate religious liberty.
Beyond the Coup in Myanmar: The Other De-Platforming We Should Have Been Talking About
Facebook has been moderating the Myanmar military's Facebook access for years. The military still used the platform to effectuate its coup. What can we learn from this failure…
Facebook Oversight Board’s Decision on Trump Sets Up New Tests
The board made critical recommendations: that Facebook reckon with its own role in amplifying content and overhaul its approach to high-reach accounts.
Conscience Wars in France?
Culture wars is an expression that was first popularized in U.S. politics by sociologist James Hunter in the early 1990s. While France traditionally prides itself in refusing the…