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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2,932 Articles
A policeman stops US Actress Mia Farrow and Theary Seng, head of the Centre for Social Development, as they attempt to enter the Tuol Sleng Genocide museum in Phnom Penh, 20 January 2008. They hold white flowers and people with cameras crowd around them.

Cambodian Rights Activist and 55 Others Face Trial as Crackdown on Dissent Intensifies

Given the control that Prime Minister Hun Sen’s ruling party wields over the judiciary, their odds of getting a fair trial are slim.
Officials from the South Korean Central Election Management Committee and election observers count votes cast of Parliamentary election amid the coronavirus outbreak on April 15, 2020 in Seoul, South Korea. Everyone wears a mask properly over their mouth and nose.

COVID-19 and International Law Series: Human Rights Law – Civil and Political Rights

[Editor’s Note: This article is part of a Just Security series, COVID and International Law. All articles in the series can be found here.] States around the world have had…
Trump speaks to city officials and employees of Double Eagle Energy on the site of an active oil rig on July 29, 2020 in Midland, Texas. He does not wear a face mask.

Why a Self-Pardon Is Not Constitutional

The 2020 election results are in. Joseph R. Biden, Jr. is the President-Elect of the United States of America. Sometime before January 20, 2021, Donald Trump will recognize the…
Redacted text on a sheet of paper.

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform

The new administration, and the new Congress, should act more decisively to reform this broken system.
Egyptian members of the press sit outside the headquarters of the journalists syndicate in Cairo on January 25, 2009 with their cameras on the ground, in protest against police interference in their work. Many hold images of police brutality.

How to Fight Truth Decay: Protect the Truth Tellers

What better way of protecting the truth than by offering a safe haven for journalists who risk their lives to inform us.
Children workers who come from Burkina Faso carry sacks of cocoa to a truck June 28, 2001 in Petit Tieme, Ivory Coast.

Nestlé & Cargill v. Doe Series: The Prohibitions on Slavery, Forced Labor, and Human Trafficking Meet the Sosa Test

[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…
Ruth Amoah and her workers at Moments Chocolate workplace remove husks from roasted cocoa beans on June 18, 2019, in Accra.

Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere

[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…
Four people fill bags with cacao beans at a cocoa exporter's in Abidjan, on July 3, 2019. Numerous sacks of beans stand upright around them, and a truck sits in the background.

Nestlé & Cargill v. Doe Series: History and Foreign Policy Support Corporate Liability Under ATS

[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…
Prosecutor Robert Jackson speaks at the Nuremberg Trials, 21 November 1945.

75 Years Ago at Nuremberg: Giving a Name to Crimes Against Humanity

The world has not come close to ending such heinous crimes, but the trials established the principle that perpetrators can and must be brought to justice.
Employee of a cocoa export company shows a cocoa pod cut in two 17 January 2003 in San Pedro.

Nestlé & Cargill v. Doe Series: Mapping Amici Arguments

The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…
A truck displays posters against the "False Positives in Colombia", extrajudicial executions during the Democratic Security program of the Alvaro Uribe government during a protest on August 06, 2020 in Bogota, Colombia.

US-Opposed Probe of Colombia’s Uribe Is Essential Step in Road to Peace

Uribe was released under pressure last month, but attempts to thwart transitional justice will only undermine efforts to sustain the 2016 peace agreement.
Razor wire tops the fence of the U.S. prison at Guantanamo Bay on October 23, 2016 at the U.S. Naval Station at Guantanamo Bay, Cuba. An American flag waves in the background.

A Path for Renewing Guantanamo Closure

Although closing the 20-year-old detention facility at Guantanamo Bay, Cuba (GTMO) may not be a marquee issue among the many significant challenges Joe Biden will face as president…
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