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
How the Biden Administration Should Take Torture-Derived Evidence Off the Table
In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
State Secrets and the Torture of Abu Zubaydah
More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations
Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
For Facebook’s Sake: Getting Conversant with Human Rights
The Facebook Oversight Board decision on former President Trump has helped bring into sharper focus what international law scholars and lawyers have long understood: international…
In Belarus, Who’s the Terrorist? Another Step in the Crackdown on Journalists
The case of Roman Protasevich is nothing more than a step – albeit unprecedented and shocking – in the incremental use by States, across the globe, of legislation to counter…
Getting Real About General Flynn
At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
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…