courts
747 Articles
The UK Supreme Court’s Brexit Judgment: Implications and Unintended Consequences
The UK Supreme Court decision in the Brexit litigation on Tuesday is the most important judgment that the Court has delivered in its short history. Its 283 paragraphs will provide…
How the European Convention on Human Rights Limits Cooperation with the Trump Administration
On the campaign trail, Donald Trump repeatedly promised to keep the Guantanamo Bay detention facility open and to “load it up with some bad dudes.” He also pledged to bring…
The UK Supreme Court’s Landmark Judgment Belhaj v. Straw: A View From the United States
On Tuesday, the Supreme Court of the United Kingdom gave its judgment in Belhaj v. Straw and Rahmatullah v. Ministry of Defence, two human rights cases brought against UK officials…
UK Supreme Court Judgment on Extra-Territorial Detention in Iraq and Afghanistan
Today, the UK Supreme Court gave judgment (full text) in the joined appeals of Al Waheed v Ministry of Defence and Serdar Mohammed v Ministry of Defence (in which I represented…
UK Supreme Court Issues Two Major Decisions—On cooperation with CIA interrogations and on military detention
On Tuesday, the UK Supreme Court issued two important judgments, which will affect the power of the British government to carry out certain national security policies and, in turn,…
A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
European Court of Justice Rules “General and Indiscriminate Retention” of Electronic Communications Forbidden by EU Law
The Court of Justice of the European Union ruled yesterday that “general and indiscriminate retention of all traffic and location data of all subscribers and registered users…
Press Freedom and Africa’s Regional Courts: A Positive Model for Transparency and Accountability
The last part of 2016 has not brought much positive news on justice and accountability across Africa. No less that three States — Burundi, South Africa and Gambia — announced…
Accountability for States’ Assisting Other States’ Wrongful Acts: The Superior Effectiveness of Human Rights Norms
Just Security and Chatham House are hosting a “mini forum” to debate and discuss Chatham House’s new research paper on “Aiding and Assisting: Challenges in Armed Conflict…
“A First Amendment in the Digital Age”—Peter Zenger Lecture
I had the honor of delivering the inaugural Peter Zenger lecture at Columbia Journalism School last week. The lecture is named for a newspaper publisher who was tried for libel…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…