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
Accountability for Crimes Against the Rohingya Being Pressed on Multiple Fronts
By any measure, last week was a banner one when it comes to moving towards accountability for crimes against the Rohingya in Myanmar. The week started with The Gambia filing a…
National Security at the United Nations: The Latest
Myanmar taken to ICJ over genocide of Rohingya, IAEA reports further Iranian steps away from JCPOA, UN experts find al-Shabaab a potent threat despite U.S. air strikes, the UN…
Chart: Side-by-Side Comparison of Kurt Volker’s vs Other Witnesses’ Testimony in Impeachment Inquiry
It appears that Ambassador Volker lied to Congress in violation of federal law for denying knowledge or involvement in President Trump and Giuliani’s efforts to press Ukraine…
Int’l Court of Justice Decides Against Russia: Will Look into Ukraine Allegations
On Friday, the International Court of Justice in The Hague overwhelmingly rejected Russia’s jurisdictional objections to its hearing on the merits Ukraine’s legal claims for…
Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?
This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
Executive Privilege is No Bar to Testimony Before Impeachment Investigators
Impeachment is different from regular congressional oversight. Witnesses summoned to appear before the House Intelligence Committee should not view executive privilege as standing…
Why Officials Keep Testifying Despite White House Counsel’s Letter on Impeachment Inquiry
"These are presumably not the results White House Counsel Cipollone expected when he sent his letter, but in retrospect they seem fairly predictable."
George Washington’s Advisors Agreed: Impeachment Did Away with Executive Privilege
George Washington clearly signaled that executive privilege would not be available if the House were pursuing an impeachment inquiry. His advisors agreed.
United States of America v. Rudolph W. Giuliani
Former U.S. Attorneys draft a "Model Indictment" based on publicly available evidence of Giuliani's misconduct.
Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds
Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…
“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…