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.
2,864 Articles
75 Years Ago at Nuremberg: Giving a Name to Crimes Against Humanity
The world has not come close to ending such heinous crimes, but the trials established the principle that perpetrators can and must be brought to justice.
Nestlé & Cargill v. Doe Series: Mapping Amici Arguments
The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…
US-Opposed Probe of Colombia’s Uribe Is Essential Step in Road to Peace
Uribe was released under pressure last month, but attempts to thwart transitional justice will only undermine efforts to sustain the 2016 peace agreement.
A Path for Renewing Guantanamo Closure
Although closing the 20-year-old detention facility at Guantanamo Bay, Cuba (GTMO) may not be a marquee issue among the many significant challenges Joe Biden will face as president…
The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings
In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…
Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case
The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…
Nestlé & Cargill v. Doe: Introduction to a Symposium
The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…
Trump Has a “Right to Pursue Legal Challenges” to Election, But Not Without the Facts
Author of book on civil procedure discusses the Trump Campaign litigation to date, and Rule 11 sanctions for filing frivolous lawsuits.
The Urgent Need to Restore Independence to America’s Politicized Immigration Courts
Incoming President Biden should do all in his power to reestablish fairness, consistency, and efficiency in a system hobbled under the Department of Justice.
The Future of U.S. Foreign Intelligence Surveillance
Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…
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…
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.