Litigation
826 Articles
The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Leveraging International Justice for Lasting Peace in Myanmar
"The international community clearly has a political role to play, but a closer examination of how international accountability relates to domestic political dynamics is also critical,…
Beyond Color-Blind National Security Law
"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
Implications of the Myanmar ICJ and ICC Cases for Non-Rohingya Minorities
(Editors Note: This article is the fourth and final piece of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and…
Can the International Criminal Court Hold the Trump Administration in Contempt?
On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…
The Rohingya Genocide and the ICJ: The Role of the International Community
(Editors Note: This article is part of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and ways forward.) When it…
Politically Motivated Prosecutions Part II: Refuse, Report, Resign
In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…
Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors
AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…
Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting
A comprehensive timeline of the prosecution of Turkey's Halkbank and President Donald Trump and Attorney General William Barr's reproted actions.
Myanmar and the ICJ: Ways Forward
In August 2017, Myanmar’s military carried out a brutal campaign of murder, rape and other abuses against the country’s Rohingya Muslims. These so-called “clearance operations”…
What Myanmar Is and Is Not Doing to Protect Rohingyas from Genocide
In August 2017, the desperate plight of Myanmar’s Rohingya Muslims grabbed headlines when the military’s brutal campaign of murder, rape and other abuses forced more than 740,000…
Supreme Court on Trump’s Finances: Glass Three Quarters Full for Rule of Law
Analysis of the two decisions, what comes next, and what the timetable looks like.