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
The Biden Administration Should Engage with the ICC – the Evidence Shows That It Saves Lives
The ICC’s success is not determined by number of indictments or convictions but by its effect on the world - and the empirical evidence shows that the ICC reduces violations…
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
“Fight for Trump”: Video Evidence of Incitement at the Capitol
New video footage scraped from Parler, and former federal prosecutors' reactions.
Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice
Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…
U.S.-ICC Relations Under a Biden Administration: Room to Be Bold
The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…
De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation
De-platforming is a window on the unequally distributed power and embedded assumptions that determine what content gets to stay online.
Incitement to Violence Ain’t Free Speech
The First Amendment protects abstract appeals for illegal actions. But there can and should be criminal liability for speech that incites the likely and imminent risk of violence.…
Impeachment Defense, the Constitution, and Bill of Rights
The question at the moment isn’t whether the president could be charged with incitement to violence in criminal court.
Military Personnel and the Putsch at the U.S. Capitol
If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
Responding to the Capitol Attack: Accountability Without Overreaction
There are many indisputable facts about last week’s violent and deadly incursion into the Capitol building. It is beyond debate that the fiasco included multiple criminal acts.…
Nestlé & Cargill v. Doe Series: Remedying the Corporate Accountability Gap at the ICC
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
On Guantanamo’s 19th Anniversary, A Renewed Call to Close It
Nineteen years ago today, the administration of President George W. Bush sent the first detainees to the Guantanamo Bay Detention Center for the purpose of detaining them beyond…