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The Supreme Court’s Coronavirus Postponement: Pandemics, Precedent and National Risks
The Supreme Court cites past examples to justify its decision to postpone oral arguments. But those past postponements were different in key ways. -
The Federal Courts Begin to Adapt to COVID-19
How have federal courts adjusted to navigate the COVID-19 outbreak? -
ICC Appeals Chamber Authorizes Investigation Into Crimes in Afghanistan
The decision will likely have far-reaching implications for the institutional legitimacy of the court, its relationship with the United States and potential future cases. -
International Criminal Court Appeals Chamber Holds Hearings on Afghanistan
Over three days of hearings, the International Criminal Court’s Appeals Chamber considered whether to overturn an April 2019 decision blocking investigations into alleged war crimes by the Taliban and U.... -
The ICC’s Prosecutor Decision to Investigate the ‘Situation in Palestine’ and Palestinian Statehood
The ICC prosecutor’s determination of jurisdiction relies on a controversial and legally problematic recognition of Palestinian statehood. -
Israeli Attorney General Challenges ICC Jurisdiction in Palestine
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Fourth Circuit Allows Trial in Abu Ghraib Suit
The U.S. Court of Appeals for the Fourth Circuit allowed prisoners detained at Abu Ghraib to move forward with their lawsuit against a military contractor for abuse at the prison, dismissing the contract... -
Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope
Chief Justice John Roberts is a complex and subtly innovative jurist. The Supreme Court’s census decision revealed his skills, particularly seen against the backdrop of the gerrymandering case decided th... -
Due Process for Guantanamo Detainees: The D.C. Circuit Rules in Qassim
On June 21, the U.S. Court of Appeals for the D.C. Circuit returned to the question of the constitutional rights possessed by the detainees remaining at the U.S. naval base at Guantanamo Bay, Cuba. In pa... -
D.C. Circuit Overrules District Court's Due Process Ruling in Qasim v. Trump
On Friday, the D.C. Circuit ruled in Qasim v. Trump that circuit precedent in Kiyemba v. Obama does not preclude Guantanamo detainees from claiming procedural due process violations. The ruling reverses ... -
Justice Breyer’s Question in al-Alwi: Is Detention Still Justified?
Has the statutory foundation for detention of enemy combatants quietly collapsed thanks to changing circumstances in Afghanistan? Justice Stephen Breyer is urging his colleagues to take up that question.... -
Documents: ICC Judgment in Al-Bashir Appeal
The International Criminal Court Appeals Chamber has released its decision in the appeal of Omar al-Bashir, finding in a split ruling that Jordan should have arrested al-Bashir during his visit to the co...
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