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
India and the Foreign Fighters Conundrum
India has left many of its nationals who fought with terrorist groups languishing in prison abroad. But it has legal options - and obligations - to bring these nationals home.…
Don’t Let the Autocrats Win – How Biden Can Use the Democracy Summit to Build Back Media Freedoms
Autocracy is on the march, but Clooney presents a toolkit with four specific devices to help protect press freedom around the world.
Deceptive Report Escalates Srebrenica Genocide Denial Campaign
It now becomes a permanent part of the brazen refusal by Bosnia's Serb authorities to own up to the atrocities committed in their name.
Unpacking the DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on 2020 Election Machinations
The determination clears the way for more evidence, testimony to congressional committees, including on the Jan. 6 attack on the Capitol.
Expert Backgrounder: The Westfall Act and Representative Brooks’s Speech
Professor Paul Figley, who served as Deputy Director in Torts Branch of Justice Department's Civil Division for fifteen years, explains the legal framework for Swalwell v. Brooks,…
Japan Cannot Claim Sovereign Immunity and Also Insist that WWII Sexual Slavery was Private Contractual Acts
In South Korea, two conflicting decisions by the Seoul Central District Court are testing the limited exceptions to sovereign immunity in a historic case of sexual violence in…
Facebook’s New Dangerous Individuals and Organizations Policy Brings More Questions Than Answers
The company has responded to criticism with clarifications and revisions, but the rules require a fundamental rethink.
Can Belarus Be Free? Yes, But the West Will Need to Show More Resolve – and Less Fear of Putin
Lukashenka is escalating his repression, defying the West, even as democratically elected leader Sviatlana Tsikhanouskaya visit Washington.
Swalwell v. Trump and the Legitimate Scope of Federal Employment
Expert who wrote that case law favors Trump in getting DOJ legal shield in E Jean Carroll case, writes why that doesn't apply in Jan. 6 lawsuits.
Turning Cuba’s Internet Back On: International Legal Options
Top cyber law expert writes that the United States government can restore Internet and social media service to Cuban people under international law.
Restoring Justice to DOJ
Healing Trump-era wounds at DOJ will require understanding the extent of the abuse and taking specific steps to prevent repetition.
What the US Government Brief Should Have Said in Al-Hela: On Guantanamo and Due Process
"Had the Justice Department wanted to recognize that the due process clause applies at Guantanamo, the brief would have essentially written itself."