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
Time to Reconsider the 14th Amendment for Trump’s Role in the Insurrection
Impeachment and conviction isn't the only way to keep Trump out of the game, writes Jim Wagstaffe. Congress should pitch 14th Amendment disqualification, too.
Authoritarian Populism, Courts and Democratic Erosion
The uniquely strong American judicial system managed to hold the line and, ultimately, fend off Donald Trump’s assault on U.S. institutions.
Balancing the US Approach to the ICC
As the Biden administration develops a new direction in American foreign policy, the ICC is also charting a new institutional course.
The Biden Administration Should Drop the Assange Case
A coalition of press freedom, civil liberties, and human rights groups has formally asked the Justice Department to abandon its appeal and dismiss the underlying indictment of…
The Meaning of the Supreme Court’s Ruling in Germany v. Philipp
Last week the U.S. Supreme Court decided Germany v. Philipp, a Holocaust expropriation case brought under the Foreign Sovereign Immunities Act (FSIA). Writing for a unanimous Court,…
EXCLUSIVE: New Video of Roger Stone with Proud Boys Leaders Who May Have Planned for Capitol Attack
Footage obtained by Just Security from Parler shows Roger Stone and Proud Boys leaders Enrique Tarrio and Ethan Nordean (a.k.a. Rufio Panman) participating together in a demonstration…
Is Jeffrey Clark’s Secret Conversation With Trump “Privileged”?
A few days after President Joe Biden’s inauguration, news reports broke that then-President Donald Trump had met with Jeffrey Clark, the acting chief of the Department of Justice’s…
Social Media Video Evidence in Impeachment Trial: Lessons from International Tribunals
Five international experts discuss this pivotal moment in use of social media footage in Senate trial.
German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials
A leading scholar explains landmark decision by Germany's highest criminal court.
The Capitol Assault and the Continuing Threat: A Podcast Conversation with Elizabeth Neumann
What was President Trump’s likely awareness of social media postings by extremists who signaled their intent to commit violence and assault the Capitol in advance of January…
Unprecedented Threats to Journalists & Civil Society Activists Are Threatening Afghanistan
Who benefits from the killing of journalists, human rights activists, and civil society members in Afghanistan? What purposes could it serve and for whom?
Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision
Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.