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
In the “War on Terror,” What Did Rights Organizations Get Wrong?
A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
The Path Not Taken: Reimagining the Post-9/11 World
What would the world today look like if the US had responded to the 9/11 attacks with criminal law instead of through the lens of war?
Corporate Criminal Liability for International Crimes: France and Sweden Are Poised To Take Historic Steps Forward
The growing trend seeking to hold corporations liable for their role in human rights abuses abroad is gaining new momentum.
The International Criminal Court and Afghanistan
Here's how the ICC can advance justice in Afghanistan despite the Taliban takeover.
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Why a Trump Lawsuit to “Protect” Executive Privilege Could Backfire
Trump may unintentionally invite the DC court and Justice Dept to consider whether the crime-fraud exception applies to his activities relating to Jan. 6.
To Strengthen the ICC Office of the Prosecutor, Karim Khan is On the Right Path
Justice Richard Goldstone, a former international prosecutor says the changes will make it more efficient, results-oriented, and accountable.
Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up
In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
Evidence Destruction and the Crisis In Afghanistan
Evidence of international crimes is at risk in Afghanistan - endangering witnesses, victims, and the pursuit of justice. The international community must take steps to secure it.
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.