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
Manafort, Johnson, and Giuliani

Manafort’s Reward: Sen. Ron Johnson and the Ukraine Conspiracy Investigation: Part II

How Senator Johnson’s efforts have worked in tandem with Paul Manafort’s efforts — as the former Trump campaign chair has likely remained silent in exchange for a pardon.
The words "My Government Did This" are displayed on a barrier on the Charles Helou highway in front of the ruined port of Beirut.

The Cost of Resilience: The Roots and Impacts of the Beirut Blast

The Aug. 4 explosion at the Beirut port is not the cause of catastrophe in Lebanon, it is the result. To understand its causes and impacts, we must look to what came before, including…
Two people in camo with guns nearby. Cover of U.N. Security Council Counter-Terrorism Committee Executive Directorate (CTED) publication, “Guidelines to facilitate the use and admissibility as evidence in national criminal courts of information collected, handled, preserved and shared by the military to prosecute terrorist offences.”

The UN Guidelines on “Battlefield” Evidence and Terrorist Offences: A Frame, a Monet, or a Patchwork?

In December 2019 the United Nations Counter Terrorism Committee Executive Directorate (CTED), with the support of the traditional alphabet soup of other U.N. organizations focused…
Empty UN Security Council chamber.

The UN Security Council Is About to Dangerously Undermine Fair Trial Guarantees

Dangerous flaws in a current draft U.N. Security Council resolution on foreign fighters need to be addressed, if the Security Council is to live up to its responsibility to respect…
Trump and William Barr

Executive Absolutism on Trial

"President Trump ... had the sense that, as president, he should be allowed to do whatever he wanted, with no fear of consequences and no checks to his will from other branches.…
Judges Walid Akoum, Janet Nosworthy, David Re, Micheline Braidy and Nicola Lettier preside over the first hearing in the trial of four people accused of murdering former Lebanese premier Rafiq Hariri at the Special Tribunal for Lebanon in The Hague on January 16, 2014.

Special Tribunal for Lebanon is Set to Issue Historic Ruling on the Assassination of PM Hariri

The Special Tribunal for Lebanon will release its long-awaited judgment in the case involving the 2005 assassination of former Prime Minister Rafiq Hariri. The verdict, set to…
Speaker Pelosi And Women's Caucus Speak To Media On Equal Rights Amendment (ERA) on February 12, 2020 in Washington, DC.

In the Battle for the ERA, Global Constitutionalism and State Sovereignty

To reflect a generation of global constitutional developments on sex equality, have a democratic national conversation in Congress.
An audio feed of Supreme Court oral arguments in Trump v. Mazars and Trump v. Deutsche Bank AG is heard via a teleconference due to COVID-19, as seen on a laptop in Washington, DC, May 12, 2020.

Supreme Court’s Trump v. Mazars Ruling Gave Attorney-Client Privilege a Boost in Congress

The decision gives executive branch officials and private parties greater ability to resist subpoenas on traditional common law privilege grounds.
National Women's Party leaders watch as Alice Paul sews a "ratification star" on a flag. From left to right: Mabel Vernon, Elizabeth Kolb, Alice Paul, Florence Brewer Boeckel, Anita Politzer, Sue Shelton White, and Vivian Pearce.

US Court Skirmishes Over Deadline’s Validity Leave ERA in Limbo

Questions of timing, rescissions, certification, and the authority of the courts and Congress stall the Equal Rights Amendment.
The US Supreme Court in Washington, DC, on January 22, 2019.

Immigration Maximalism at the Supreme Court

"The approach taken in these important cases is the opposite of 'minimalism,' and they provide important lessons for the long-term agenda of the Roberts Court."
The E. Barrett Prettyman Federal Courthouse, in Washington, DC, as seen from the sky.

What To Watch For In Michael Flynn’s Case On Tuesday

These four key issues may be on the judges' minds.
Saudi Crown Prince Mohammed bin Salman (C) arrives to attend a session during the Future Investment Initiative (FII) conference in the capital Riyadh on October 24, 2018.

US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles

Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
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