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
Police and private security personel monitor security cameras at the Lower Manhattan Security Initiative on April 23, 2013 in New York City.

In the Drive to Curb Police Abuses, Rein in Their Tech Too

Local groups in a national movement are pressing for oversight of how and when law enforcement agencies use technology to monitor citizens.
John Durham and William Barr

An Open Letter to Connecticut U.S. Attorney John Durham

"I urge you to comply with the Department’s longstanding policy."
Exterior view of the International Criminal Court on July 20, 2018 in The Hague, Netherlands.

Exploring Some Limitations to the ICC’s Ability to Charge US Officials with Contempt

"One potential method by which to explore the possibility of disincentivizing measures by non-member states to frustrate the institutional independence of the ICC is to consider…
Karen ethnic people hold posters and shout slogans during a protest against Myanmar Army for the allegedly arbitrary killings, raping, shelling and for the removal of the army camps, at Hpapun in Kayin State on July 28, 2020.

Leveraging International Justice for Lasting Peace in Myanmar

"The international community clearly has a political role to play, but a closer examination of how international accountability relates to domestic political dynamics is also critical,…
Trump participates in a meeting with Senior Military Leadership and the National Security Team in the Cabinet Room of the White House in Washington DC, May 9th, 2020.

Beyond Color-Blind National Security Law

"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
Chin people hold placards during a protest asking for an end to conflict in Chin state and Rakhin State in Yangon on July 13, 2019.

Implications of the Myanmar ICJ and ICC Cases for Non-Rohingya Minorities

(Editors Note: This article is the fourth and final piece of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and…
Martin Griffiths, Special Envoy of the Secretary-General for Yemen on a screen for a virtual Security Council meeting.

National Security at the United Nations This Week (July 25-31)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
The ICC seal on a window at the International Criminal Court Building in The Hague. The windows act as mirrors, reflecting more of the ICC complex across from it.

Can the International Criminal Court Hold the Trump Administration in Contempt?

On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…
Mothers form the front line of a protest march toward Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

U.N. Human Rights Committee General Comment No. 37 on Freedom of Assembly: An Excellent and Timely Contribution

General Comment No. 37 by the U.N. Human Rights Committee, the treaty body monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), was released…
Cristof Heyns

Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

Podcast and transcript of interview with United Nations Human Rights Committee's Heyns. Topics include use of plain clothed law enforcement officers, teargas, and more.
United Nations Security Council delegates arrive at Sittwe airport on May 1, 2018 to meet with Myanmar officials and to inspect the latest situation in Rakhine state, home of the minority Rohingya Muslims.

The Rohingya Genocide and the ICJ: The Role of the International Community

(Editors Note: This article is part of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and ways forward.) When it…
Trump and Barr

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…
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