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.
2,932 Articles

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.

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…

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…

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.

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.

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…

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…

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…

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.

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…

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.

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…