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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2,994 Articles
Trump participates in a meeting with Senior Military Leadership and the National Security Team in the Cabinet Room of the White House in Washington DC, May 9th, 2020.

Beyond Color-Blind National Security Law

"[I]nternational and national security legal regimes have always been steeped in racial connotation, even if rarely acknowledging as much. This raises the question of what a different…
Chin people hold placards during a protest asking for an end to conflict in Chin state and Rakhin State in Yangon on July 13, 2019.

Implications of the Myanmar ICJ and ICC Cases for Non-Rohingya Minorities

(Editors Note: This article is the fourth and final piece of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and…
Martin Griffiths, Special Envoy of the Secretary-General for Yemen on a screen for a virtual Security Council meeting.

National Security at the United Nations This Week (July 25-31)

(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,…
The ICC seal on a window at the International Criminal Court Building in The Hague. The windows act as mirrors, reflecting more of the ICC complex across from it.

Can the International Criminal Court Hold the Trump Administration in Contempt?

On June 11, President Donald Trump issued an executive order authorizing the imposition of sanctions targeting International Criminal Court officials. This article assesses the…
Mothers form the front line of a protest march toward Mark O. Hatfield U.S. Courthouse on July 20, 2020 in Portland, Oregon.

U.N. Human Rights Committee General Comment No. 37 on Freedom of Assembly: An Excellent and Timely Contribution

General Comment No. 37 by the U.N. Human Rights Committee, the treaty body monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), was released…
Cristof Heyns

Interview with Christof Heyns: Major New UN Comment on Right of Peaceful Assembly

Podcast and transcript of interview with United Nations Human Rights Committee's Heyns. Topics include use of plain clothed law enforcement officers, teargas, and more.
United Nations Security Council delegates arrive at Sittwe airport on May 1, 2018 to meet with Myanmar officials and to inspect the latest situation in Rakhine state, home of the minority Rohingya Muslims.

The Rohingya Genocide and the ICJ: The Role of the International Community

(Editors Note: This article is part of a special Just Security forum on the ongoing Gambia v. Myanmar litigation at the International Court of Justice and ways forward.) When it…
Trump and Barr

Politically Motivated Prosecutions Part II: Refuse, Report, Resign

In Part II of this series, Kristy Parker and Erica Newland explain how DOJ's career prosecutors should respond when they become aware of, or are asked to participate in, politically…
Attorney General nominee William Barr testifies at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

“He’s Lying.” New Book Reveals Havoc Bill Barr Wrought Inside Congress

On Tuesday, when Barr testifies, a book will be released covering one of his most controversial and most consequential actions to date.
Trump and Barr speak without face masks East Room of the White House on July 22, 2020.

Politically-Motivated Prosecutions Part I: Legal Obligations and Ethical Duties of Prosecutors

AG Barr is poised to weaponize criminal prosecutions. In part one of a two-part series, former DOJ attorneys Kristy Parker and Erica Newland explain how politically motivated prosecutions…
Erdogan, Barr, and Trump

Timeline: Trump, Barr, and the Halkbank Case on Iran Sanctions-Busting

A comprehensive timeline of the prosecution of Turkey's Halkbank and President Donald Trump and Attorney General William Barr's reproted actions.
Trump and Barr

What Durham Is Investigating and Why It Poses a Danger to US Intelligence Analysis

A deep dive into Bill Barr and U.S. Attorney John Durham’s investigation and the potential costs entailed.
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