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.

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2,854 Articles
The International Criminal Court's prosecutor Fatou Bensouda gives a press conference in Sudan's capital Khartoum on October 20, 2020, at the conclusion of her five-day visit to the country.

National Security This Week at the United Nations (Oct 30-Nov 6)

 “Unwavering Support” for ICC Amid U.S. Sanctions  72 countries at the U.N. on Monday offered their “unwavering support” for the International Criminal Court…
'I voted early' stickers sit on a table at the Brooklyn Armory during early voting on October 28, 2020 in New York City.

Election Law Primer: What to Expect During and After the 2020 Election

Assessing the Supreme Court's most recent rulings and the election scenarios to watch out for.
Trump makes a statement in the Rose Garden about the ongoing unrest across the nation on June 1, 2020 in Washington, DC.

Politicizing the Civil Service: How a New Executive Order Destabilizes the U.S. Government

President Donald Trump unveiled a stunning executive order that threatens to undermine one of the most important aspects of American government: the professional civil service.…
Saudi Arabia's Crown Prince Mohammed bin Salman attends a key summit of the 57-member Organization of Islamic Cooperation (OIC) in the Saudi holy city of Mecca on June 1, 2019.

Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp

Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
CEO of Facebook Mark Zuckerberg appears on a monitor behind a stenographer as he testifies remotely during the Senate Commerce, Science, and Transportation Committee hearing 'Does Section 230's Sweeping Immunity Enable Big Tech Bad Behavior?', on Capitol Hill, October 28, 2020 in Washington, DC.

Facebook’s Content-Decision Oversight Board Carves Out Own Territory

On human rights, infrastructure, and transparency, modest but welcome signals from a board that will have such a pivotal role in public discourse.
El Salvador's President is photographed next to the files that contain case information The massacre of El Mozote during a press conference at a presidential home in San Salvador, El Salvador, on September 24, 2020.

On El Salvador’s 1981 El Mozote Massacre, President Bukele Sides With Impunity

Survivors of the largest single massacre in modern Latin American history want him charged for failure to comply with a judicial order for documents.
The national flag of the United Kingdom is displayed as British troops and service personal remaining in Afghanistan are joined by International Security Assistance Force (ISAF) personnel and civilians as they gather for a Remembrance Sunday service at Kandahar Airfield November 9, 2014 in Kandahar, Afghanistan.

The U.K. Overseas Operations Bill: An Own Goal in the Making?

Many of those objecting to the bill in a constructive spirit acknowledge the problem the government is seeking to address, but chide it for going about it the wrong way.
Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy

Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
A Myanmar soldier guards an area at the Sittwe airport as British foreign minister Jeremy Hunt arrives in Sittwe, Rakhine state, on September 20, 2018.

We Cannot Condone the Myanmar Government’s Lies with Silence

The façade that the Myanmar government is trying to keep up is finally starting to erode, as two Myanmar Army soldiers confess to their involvement in massacres, rape, and other…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

The President and Immigration Law: The Danger and Promise of Presidential Power

In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead

Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
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