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
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. 3: Investigating a President

Third essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, rule of law.
Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
A side by side collage of a portrait of Lincoln, a portrait of Salmon P. Chase, and a photo of Trump and Amy Coney Barrett speaking.

Lincoln and that Supreme Court Vacancy: A Deference to Democracy

"Evidence abounds that Lincoln deferred his choice primarily because he understood how improper—even defiant—it would be to choose Taney’s successor with only a few weeks…
Kashmiri women journalists hold placards as they protest against the continued communication blockade by the Indian authorities after the revocation of special status of Kashmir on October 3, 2019 in Srinagar, the summer capital of Indian administered Kashmir, India. Signs read, “End communication blockade,” “End information clampdown,” “End communication blockade in Kashmir,” and “Communication blockade 60 days and counting…”

Amnesty International Calls for India to Lift Account Freeze to Resume Vital Human Rights Work

Senior US officials traveling to India this month should urge the immediate lifting of the account freeze and press India to guarantee rights of civil society organizations to…
The WW2 Nuremberg Trial

Why We Are Suing President Trump

Orders by President Donald Trump and his Cabinet make us afraid to continue our lifelong work for justice.
Chairman Sen. Lindsey Graham (R-SC) leans in close without a face mask to speak with Sen. Patrick Leahy (D-VT), who wears a face mask, during a Senate Judiciary Committee hearing on "Oversight of the Crossfire Hurricane Investigation" on Capitol Hill on August 5, 2020 in Washington, DC.

Senate Procedures Offer No Hope for Dems on Supreme Court Nominee

An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…
The damaged interior of the hospital in which the Medecins Sans Frontieres (MSF) medical charity operated is seen on October 13, 2015 following an air strike in the northern city of Kunduz.

Five Years On: Military Accountability and the Attack on the MSF Trauma Center in Kunduz

On the fifth anniversary of the tragic attack by the U.S. military on the Médicins Sans Frontières (MSF) trauma center in Kunduz, Afghanistan, a former U.S. military legal adviser…
A Screenshot of the TikTok App

Banning Apps Is a Dangerous Practice for Free Speech

Apps have become an essential tool for people to communicate, express themselves and access information. The practice of banning or limiting the use of certain apps is worrying…
Cell room doors are seen at the Caroline Detention Facility in Bowling Green, Virginia, on August 13, 2018. - A former regional jail, the facility has been contracted by the US Department of Homeland Security Immigration and Customs Enforcement (ICE) to house undocumented adult immigrant detainees.

The U.S. Bears International Responsibility for Forced Sterilization of Women in ICE Detention

A sterilization performed without the patient’s prior, full, free, and informed consent is a human rights violation.
Trump signs a dollar bill for a supporter during a campaign rally at the Richmond International Raceway October 14, 2015 in Richmond, Virginia.

Ten Quick Takeaways from the New York Times’ Bombshell Article on Trump’s Tax Returns

One of the country's most eminent tax law experts analyzes the information provided by the New York Times.
E Jean Carroll and Mary Trump

All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act

A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.
Professor of practice at Syracuse University College of Law David Crane, United Nations Representative from France Gerard Araud, and forensic pathologist Dr. Stuart Hamilton give a report on the allegations of torture in Syria at the United Nations on April 15, 2014 in New York City.

The Netherlands’ Action Against Syria: A New Path to Justice

Cases such as one in Germany to address individual criminal responsibility are insufficient on their own to address the scope of the documented criminality.
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