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
The national flag of the United Kingdom is displayed as British troops and service personal remaining in Afghanistan are joined by International Security Assistance Force (ISAF) personnel and civilians as they gather for a Remembrance Sunday service at Kandahar Airfield November 9, 2014 in Kandahar, Afghanistan.

The U.K. Overseas Operations Bill: An Own Goal in the Making?

Many of those objecting to the bill in a constructive spirit acknowledge the problem the government is seeking to address, but chide it for going about it the wrong way.
Immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.

The President and Immigration Law Series: Reflections on the Future of American Immigration Policy

Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
A Myanmar soldier guards an area at the Sittwe airport as British foreign minister Jeremy Hunt arrives in Sittwe, Rakhine state, on September 20, 2018.

We Cannot Condone the Myanmar Government’s Lies with Silence

The façade that the Myanmar government is trying to keep up is finally starting to erode, as two Myanmar Army soldiers confess to their involvement in massacres, rape, and other…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 5: Prepublication Review — How to Fix a Broken System

Fifth in series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, and rule of law.
Two Muslim women stand near a fence across the street from the White House before the start of a protest against the Trump administration's proposed travel ban, October 18, 2017 in Washington, DC.

The President and Immigration Law: The Danger and Promise of Presidential Power

In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead

Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
Parchment paper reading, “The Good Governance Papers: A Collection of Essays in favor of public integrity and the rule of law as written upon at Just Security Fall 2020”

Good Governance Paper No. 3: Investigating a President

Third essay in a series of top experts exploring proposals to restore and promote nonpartisan principles of good government, public integrity, rule of law.
Trump and Pompeo

Trump’s Executive Order on the ICC is Illegal, Not Just Shameful

Significant First Amendment concerns are raised by the administration's sanctions against the International Criminal Court and against those who support the ICC's work.
A side by side collage of a portrait of Lincoln, a portrait of Salmon P. Chase, and a photo of Trump and Amy Coney Barrett speaking.

Lincoln and that Supreme Court Vacancy: A Deference to Democracy

"Evidence abounds that Lincoln deferred his choice primarily because he understood how improper—even defiant—it would be to choose Taney’s successor with only a few weeks…
Kashmiri women journalists hold placards as they protest against the continued communication blockade by the Indian authorities after the revocation of special status of Kashmir on October 3, 2019 in Srinagar, the summer capital of Indian administered Kashmir, India. Signs read, “End communication blockade,” “End information clampdown,” “End communication blockade in Kashmir,” and “Communication blockade 60 days and counting…”

Amnesty International Calls for India to Lift Account Freeze to Resume Vital Human Rights Work

Senior US officials traveling to India this month should urge the immediate lifting of the account freeze and press India to guarantee rights of civil society organizations to…
The WW2 Nuremberg Trial

Why We Are Suing President Trump

Orders by President Donald Trump and his Cabinet make us afraid to continue our lifelong work for justice.
Chairman Sen. Lindsey Graham (R-SC) leans in close without a face mask to speak with Sen. Patrick Leahy (D-VT), who wears a face mask, during a Senate Judiciary Committee hearing on "Oversight of the Crossfire Hurricane Investigation" on Capitol Hill on August 5, 2020 in Washington, DC.

Senate Procedures Offer No Hope for Dems on Supreme Court Nominee

An explainer on why quorum requirements, closure vote thresholds, and other Senate procedures can't significantly slow or stop the nomination of the next Supreme Court Justice.…
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