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
Dissecting the Executive Order on Int’l Criminal Court Sanctions: Scope, Effectiveness, and Tradeoffs
An expert breakdown of what's in President Trump's executive order, how it works exactly, and what comes next.
The Strength of America’s Apolitical Military
A statement by former U.S. ambassadors, Generals and Admirals, senior officials on the response to nationwide protests for racial justice.
The Supreme Court’s Insidious Development of Qualified Immunity
The American policing and criminal justice system is a complex machine, soldered together from a variety of tools and tactics of oppression. By purpose, design, and effect, the…
After 30 Years of Impunity, the Jesuits Massacre Trial Commences in Spain
Monday, after a decade of pre-trial litigation, a trial that is seeking justice for the 1989 massacre in El Salvador of six Jesuit priests (Ignacio Ellacuría, Ignacio Martín-Baró,…
Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]
A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day. Since…
What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?
Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
New Complicity Charges Filed in the Killing of George Floyd
UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
National Security at the United Nations This Week (May 29-June 5)
(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,…
Ignore Trump’s Twitter Tantrum Executive Order and Address Disinformation Instead
The solution is not to give government or platforms more power to make opaque, arbitrary decisions on content, but to help users protect themselves.
Pompeo’s Personal Stake in the International Criminal Court’s Afghan Investigation
It is no secret that the Trump administration, in general, and Secretary of State Mike Pompeo, specifically, are hostile toward the International Criminal Court (ICC), particularly…
The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest
Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…