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.
2,994 Articles
Why Biden Needs to Rescind Trump’s ICC Sanctions Now
A deadline looms in the case challenging executive order 13928, which imposed sanctions against the ICC. Will the Biden administration defend the former administration’s reckless…
On Functional Immunity of Foreign Officials and Crimes under International Law
Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots
Experts explain how a new bill in Congress helps enforce accountability for federal officials who enabled the attack on the U.S. Capitol.
To Combat Central America’s Bad Governance, Biden Can’t Just Throw Money at the Problem
The $4 billion in US aid will have to be carefully managed, and could be leveraged to combat the corruption and impunity that drives so many to migrate.
Terrorism and Other Dangerous Online Content: Exporting the First Amendment?
The First Amendment is no cause for the United States holding back from international multi-stakeholder efforts to address the spread of dangerous online content. Christchurch…
How Attorney General Garland Can Strengthen FOIA Implementation
Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
The Noxious Nexus of Money and Politics Takes Another Turn in Central and Southeastern Europe
A Forbes-listed billionaire’s China-fueled deals illustrate the potential security threats of media and telecom capture by authoritarians.
In India, US Defense Secretary Austin Must Not Overlook Its Democratic Decline
The Indian government’s pattern of repressive actions could undermine its value as a strategic partner in the Indo-Pacific region.
Why We Prosecute Wartime Misconduct
President Trump never pardoned Robert Bales, despite a strong push to do so. Any clemency for him would have resulted in manifest injustice to not just Bales’ victims, but to…
El Salvador Needs to Stop Prosecuting Obstetric Emergencies as Homicides
The Inter-American Court of Human Rights has an opportunity to prevent future injustice by unequivocally declaring that the criminal prosecution of obstetric emergencies is a human…
Decolonizing the ICC: The Situation in Palestine and Beyond
On Feb. 5, the ICC Pre-Trial Chamber ruled that the ICC has jurisdiction over the Palestine situation. Here's why the apparently narrow and formalistic ruling offers hope for decolonizing…
National Security This Week at the United Nations (Feb 26-March 5)
Myanmar coup may be on Security Council agenda; ICC opens investigation on Palestine; COVAX delivers vaccine in Africa; and more in the weekly roundup.