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.
2,854 Articles

“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…

Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting
A comprehensive timeline of the prosecution of Turkey's Halkbank and President Donald Trump and Attorney General William Barr's reproted actions.

What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis
A deep dive into Bill Barr and U.S. Attorney John Durham’s investigation and the potential costs entailed.

The President’s Private Army
How did we get here? Goitein discusses legal and political obstacles that faced President Trump's resort to other federal forces, why DHS is now his weapon of choice, what it may…

Myanmar and the ICJ: Ways Forward
In August 2017, Myanmar’s military carried out a brutal campaign of murder, rape and other abuses against the country’s Rohingya Muslims. These so-called “clearance operations”…

What Myanmar Is and Is Not Doing to Protect Rohingyas from Genocide
In August 2017, the desperate plight of Myanmar’s Rohingya Muslims grabbed headlines when the military’s brutal campaign of murder, rape and other abuses forced more than 740,000…

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers
On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.

Pandemic Politics: Race, Sex, and the Supreme Court
The Supreme Court waded into debates on harm-reduction and crime control for the second time when they revisited and clarified issues related to the U.S. government funding of…

What’s Missing in Current and Former Officials’ Responses to DOJ Antitrust Whistleblower
"Delrahim, in particular, should be asked by Congress and reporters about this apparent omission in the letter he submitted to the House Judiciary Committee."

Suing Foreign States in U.S. Courts
Since the enactment of the Foreign Sovereign Immunities Act (FSIA) in 1976, foreign sovereigns have become subject to a number of statutory exceptions to immunity in U.S. courts.…

Preparing the Public for a Contested Election
While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election…