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
Five Years On: Military Accountability and the Attack on the MSF Trauma Center in Kunduz
On the fifth anniversary of the tragic attack by the U.S. military on the Médicins Sans Frontières (MSF) trauma center in Kunduz, Afghanistan, a former U.S. military legal adviser…
Banning Apps Is a Dangerous Practice for Free Speech
Apps have become an essential tool for people to communicate, express themselves and access information. The practice of banning or limiting the use of certain apps is worrying…
The U.S. Bears International Responsibility for Forced Sterilization of Women in ICE Detention
A sterilization performed without the patient’s prior, full, free, and informed consent is a human rights violation.
Ten Quick Takeaways from the New York Times’ Bombshell Article on Trump’s Tax Returns
One of the country's most eminent tax law experts analyzes the information provided by the New York Times.
All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act
A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.
The Netherlands’ Action Against Syria: A New Path to Justice
Cases such as one in Germany to address individual criminal responsibility are insufficient on their own to address the scope of the documented criminality.
The Verdict in the Khashoggi Murder Isn’t Final By Any Stretch
The world must show MBS, Putin, the IRGC, and other would-be princely assassins the heavy price they will pay for murdering their citizens abroad.
With RBG’s Passing, Start Thinking About How to Rein in the Supreme Court
There is another, better, way to rein in partisan judges: by stripping the Supreme Court, and also the lower federal courts, of jurisdiction where Congress does not want partisan…
Don’t Blame Privacy for Big Tech’s Monopoly on Information
As the prospect of antitrust charges against Facebook by the Federal Trade Commission (FTC) looms larger, regulators should challenge the concentration of data within Big Tech…
Asserting Their Jewish Identity: My Mother’s Testimony in the First Nazi War Crimes Trial, 75 Years Ago
A prosecutor in the Belsen Trial initially obscured the specific identity of the victims. That would change dramatically by the end.
Déjà Vu All Over Again: Racial Disparity in the Military Justice System
Fifty years ago, a task force seeking to determine the nature and extent of racial disparities in the U.S. military justice system, grappled with many of the same questions that…
Dannehy Resignation Confirms Barr’s Intent to Use Durham Probe for Political Ends
Nora Dannehy's involvement in the Justice Department's Russia probe, being led by U.S. Attorney John Durham, gave the endeavor a veneer of legitimacy. Now, that is now gone.