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
Italian Minister of Foreign Affairs Rt. Hon. Lamberto Dini signs the Rome Statute at the Rome Conference in July 1998.

The ICC Wants Justice But Has No Mandate

The recent escalation in the ongoing conflict between the United States and the International Criminal Court (ICC) is as unfortunate as it is predictable, having come to a head…
UK Parliament at dusk

Time to Update the United Kingdom’s List of Terrorist Organizations

The United Kingdom’s counterterrorism legislation is often the subject of public debate and criticism. What has not received enough attention is a structural flaw in the counterterrorism…
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.
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