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.
2,864 Articles
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…
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,…
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…
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…
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,…
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…
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…
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.
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…
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…
“He’s Lying.” New Book Reveals Havoc Bill Barr Wrought Inside Congress
On Tuesday, when Barr testifies, a book will be released covering one of his most controversial and most consequential actions to date.
Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors
AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…