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
A Solution in Search of a Problem: The Dangerous Invalidity of Divesting Military Commanders of Disposition Authority for Military Criminal Offenses
Introducing an Open Letter from former U.S. Military Commanders and Judge Advocates to the Committees on Armed Services of the U.S. Senate and the House of Representatives.
Who Should Decide: Prosecutorial Discretion and Military Justice
The American military has operated under a separate justice system since before the signing of the United States Constitution. The distinct character of military society drives…
11 Top Antitrust Experts Alarmed by Whistleblower Complaint Against A.G. Barr—and Office of Professional Responsibility’s Opinion
"I was surprised to find every one of the 11 experts was alarmed by the allegations and several were highly critical of the Office of Professional Responsibility's handling of…
The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case
Analysis of the Court of Appeals' decision of June 24, 2020 in the case of Michael Flynn.
The ICC Wants Justice But Has No Mandate
The recent escalation in the ongoing conflict between the United States and the International Criminal Court (ICC) is as unfortunate as it is predictable, having come to a head…
Time to Update the United Kingdom’s List of Terrorist Organizations
The United Kingdom’s counterterrorism legislation is often the subject of public debate and criticism. What has not received enough attention is a structural flaw in the counterterrorism…
Specific Questions for Congress (and News Media) to Ask Attorney General Barr
Former Department of Justice, FBI, and Pentagon officials have specific questions to ask Bill Barr. Plus an invitation for readers to send in their questions to add to the list.
The Supreme Court’s Ominous DACA Decision: Perils for Dreamers in What Comes Next
"The decision is as ominous as it is encouraging."
Notes on John Bolton’s Brief Opposing the Government’s Motion to Enjoin Publication of His Book
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction.
National Security at the United Nations This Week (June 12-19)
(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,…
Questions for the Government in the Bolton Book TRO Hearing(s)
Goldsmith and Lederman deliver up a series of questions that will expose the strengths and weaknesses of the government's claims.
A Conversation With U.N. Special Rapporteur Ahmed Shaheed: COVID-19 and Freedom of Belief
Editor’s Note: This piece is part of Just Security’s United Nations Special Rapporteurs on #COVID-19 series, in which mandate holders offer their views on pressing…