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
Truth, Justice, and the Narrative in International Criminal Law
International courts are inherently expressive: they provide a platform for a multitude of narratives. But recently, some prosecutorial narratives have begun to dominate in International…
The Next Judge: US Court of Appeals for the Armed Forces’ Looming Vacancy
In 2011, I wrote an essay for the Journal of National Security Law and Policy titled, “The Next Judge.” Here’s the introduction: The filling of a judicial vacancy provides…
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
The Latest North Korea Cyber Indictment Should Serve as a Model
Last week, the Biden administration’s Department of Justice (DOJ) announced its first major cyber-related indictment. An investigation long in the works, the indictment charges…
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
Oversight Board’s First Rulings Show Facebook’s Rules Are a Mess
The company’s inability to enact a clear, consistent, transparent content-moderation policy may lead the board to overturn the decision to bar Trump.
Civil Society Orgs’ Letter to Schumer: Disqualify Trump via 14th Amendment
Group of leading civil society organizations urge Congress to disqualify Trump under 14th Amendment's "insurrection clause."
Escalating Attacks on Journalists in Sri Lanka Demand New Tack from Human Rights Council
The continuing impunity in the wartime killing of a revered editor and the recent escalation of rights abuses expose the government's recalcitrance.
Myanmar is Experiencing a Digital-Age Coup – Tech Companies Must Push Back
Since taking power, Myanmar's military has limited access to social media, and at times cut internet service overall. What can tech companies do to resist?
Their Fourteenth Amendment, Section 3 and Ours
A preeminent legal historian writes about original understanding of 14th Amendment; how it can disqualify President Trump from future office.
We Don’t Need to Reform the Supreme Court
Politicization of the judiciary in the name of correcting the politicization of the judiciary is a bad policy foundation.