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.
2,854 Articles
A Test for the US Posture on the Int’l Criminal Court: “Safe Harbor” Licenses?
A US willingness to consider mitigation will signal the true intent of sanctions against the ICC prosecutor and a division director.
Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
Why Them? On the U.S. Sanctions Against Int’l Criminal Court Officials
What messages is the United States sending by targeting Fatou Bensouda and Phakiso Mochochoko in particular?
The Trump-Alfa Bank Server Mystery Resurfaces
The recent release of the final volume of the Senate Intelligence Committee report on Russian 2016 election interference and two new lawsuits by Russia’s Alfa Bank have brought…
The Int’l Criminal Court Executive Order: Global Reactions Compiled
With the Trump administration poised to issue sanctions under its new executive order aimed at the ICC, Beth Van Schaack gathers key global reactions to the order and identifies…
Facebook Oversight Board Should Hear the India Hate Speech Case
The panel might be ready to start work in October, and it is not too late for it to weigh in on this. The global information environment demands it.
Bill Barr’s Hidden Truths About Justice Department’s Rule of Forbearance in an Election
Revelations of what Barr said in a deposition under oath in 1995 and in a private Oval Office meeting with President Bush.
Does Cy Vance Already Have the Trump Organization Tax Returns?
The Manhattan DA may already have obtained the pertinent New York state tax returns for the Trump Organization and its executives, including Trump and his family. If this is the…
Anniversary of Genocidal Attacks on Rohingya Reminds Us They Are Still at Risk
"We come together as a Rohingya woman and a descendant of Holocaust survivors to reckon with the unconscionable crimes the Rohingya community has faced, and affirm the obligations…
“The Beatles” and the Bomber: Barr’s Decisions on Executing Terrorists
Attorney General William Barr announced two troubling death penalty decisions last week in high-profile terrorism cases, one regarding two Islamic State suspects and another on…
The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam
Refugees are the primary target of the Court’s decision in DHS v. Thuraissigiam, but the the opinion endangers everyone – U.S. citizens included – by reopening settled questions…
Post-Pandemic Canada: “At the Mercy of the Indian Race”?
Last winter, before the COVID-19 pandemic dominated headlines, Canada was already in the midst of a national crisis. This crisis stemmed from Indigenous opposition to the construction…