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
U.S. Attorney General nominee William Barr testifies at his confirmation hearing as his image is shown on a television monitor behind him January 15, 2019 in Washington, DC.

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.
DACA (Deferred Action for Childhood Arrivals) plaintiffs come out of court as immigration rights activists take part in a rally in front of the US Supreme Court in Washington, DC on November 12, 2019.
Former National Security adviser John Bolton speaks on stage during a public discussion at Duke University in Durham, North Carolina on February 17, 2020.

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. 
Staff prepare an empty General Assembly hall for elections by secret ballot without a plenary meeting.

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,…
National Security Advisor John Bolton and Donald Trump

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.
Press conference by Mr. Ahmed Shaheed, Special Rapporteur on the situation of human rights in Iran

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…

Assessing the Government’s Lawsuit Against John Bolton [UPDATED after Wednesday’s filing of a TRO motion]

An explainer about some common misconceptions, and how the litigation will likely play out.
US Secretary of State Mike Pompeo (R) holds a joint news conference on the International Criminal Court with US Attorney General William Barr, at the State Department in Washington, DC, on June 11, 2020.

Trump’s ICC EO Will Undercut All U.S. Sanctions Programs—Is That Why Treasury Isn’t Conspicuously on Board?

The risks posed by the new U.S. sanctions program aimed at the ICC extend beyond the Court, its employees, and its supporters.
a stack of coins

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.
Members of the D.C. National Guard stand on the steps of the Lincoln Memorial as demonstrators, who are not seen in the image, participate in a peaceful protest against police brutality and the death of George Floyd, on June 2, 2020 in Washington, DC.

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.
Demonstrators protest against police brutality on June 11, 2020 in New Haven, Connecticut. Protesters hold signs reading, "Stop Killing Us," and "La policia no me cuida."

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…
A man and a girl stand in front of a mural in homage of six Jesuit priests and two employees murdered during the civil war on the 30th anniversary of the crime in San Salvador, on November 16, 2019.

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,…
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