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.
2,863 Articles

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

The Just Security Podcast: Politicization and Weaponization of the Justice Department in the Second Trump Administration
Just Security recently published a timeline of actions regarding the level of politicization and weaponization of the Department of Justice.

Pax Americana: How Not to Hide an Empire
The international order worth fighting for is a radically different world altogether.

Mapping State Reactions to the ICC Arrest Warrants for Netanyahu and Gallant
State reactions to the ICC’s decision can shed light on their views on legal questions raised in response to the warrant applications, as well as on the Court’s legitimacy.

Timeline: Politicization and Weaponization of Justice Department in Second Trump Administration
A detailed chronology of January 20, 2025 - present.

The Just Security Podcast: What Just Happened Series, CIA Officers’ Lawsuit at Intersection of DEI and National Security
A small number of intelligence officers who were fired because one of their duties involved DEI efforts at CIA have sued to keep their jobs.

“Fired” Member of U.S. Privacy Oversight Board Discusses What He Considers at Stake
"The risks to U.S. persons, as well as non-U.S. persons, from the misuse, abuse, and exfiltration of data are quite substantial."

The Racial Twist in Trump’s Cutoff of Refugee Admissions
A case that prompted a court injunction helps show executive orders on refugee resettlement and on South Africa are egregious and unlawful.

No, the Defense Department Did Not “Ignore” a Judicial Order in 1973 Cambodia Bombing Case
I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

Human Rights and Democracy in the Quantum Age
Now is the time to prepare for the second quantum revolution.

Supreme Court Narrows the FSIA’s Expropriation Exception (Again)
The decision in Hungary v. Simon has brought to an end 15 years of litigation against Holocaust victims in U.S. courts.

The Trump Administration Cannot Use Award Terms and Conditions to Impound Funds
The Impoundment Control Act may prohibit agencies from freezing or terminating funding based on changing policy priorities.