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
Sudan’s Constitutional Crisis: Dissecting the Coup Declaration
Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.
Gendering the International Court of Justice
"When the votes are cast in the General Assembly this week, women’s rights advocates around the world will be watching States closely."
So, What Does Facebook Take Down? The Secret List of ‘Dangerous’ Individuals and Organizations
Facebook has been criticized for content it allows. But we should be equally skeptical of what it takes down, and its claimed legal reasoning for removals.
The Biden Administration’s Disappointing Sanctions Report: What Should Come Next
Last week, the Treasury Department released a long-awaited report setting forth the results of its “comprehensive review” of U.S. sanctions. To the dismay of sanctions reform…
Changing the Story: Artificial Intelligence and Patent Eligibility
To solve the problem of patent eligibility for AI inventions, it’s time to talk about AI inventions for the truly revolutionary advances that they are.
Counterterrorism Off the Rails: Israel’s Declaration of Palestinian Human Rights Groups as “Terrorist” Organizations
Law professors critically analyze Israel Defense Minister Benny Gantz's designation of six Palestinian human rights groups as “terrorist” organizations
What Comes Next After a Guantanamo Detainee’s Habeas Win
Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Judicial Secrecy: How To Fix the Over-sealing of Federal Court Records
The lack of uniform procedures for sealing federal court records has resulted in excessive secrecy that has caused considerable harm.
Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns
“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."
New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA
A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.
Reopen the Obstruction of Justice Case Against Trump
A key item in Attorney General Merrick Garland’s inbox is gathering dust: Volume 2 of the report by Special Counsel Robert Mueller, whose team investigated possible obstruction…
Incorporating Digital Technology in the Investigation of International Crimes: Lessons from the Democratic Republic of Congo
Key lessons on incorporating digital evidence of international crimes throughout the justice process and increasing its admissibility in court.