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.
2,932 Articles
Head of State Immunity is Too Important for the International Court of Justice
If the United Nations General Assembly, or another competent U.N. organ, simply requests an advisory opinion from the International Court of Justice, then its member States would…
Video of Panel on the “Crisis at the Justice Department”
Bob Bauer, Lisa Monaco, and Andrew Weissmann, with Ryan Goodman (moderator).
Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody
Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.
The Soul of the Justice Department: Who Must Stand Up For It Now
A powerful essay by Lisa Monaco, who served in the Clinton, George W. Bush, and Obama Justice Departments before serving as Assistant to the President for Homeland Security.
Military Justice Reform, the 2020 Pledge, and the President’s Power
A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
How to Improve the Human Rights Committee Draft General Comment on Freedom of Assembly
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
Guantanamo’s Ugly Taint on U.S. Diplomacy
Watching the Guantanamo proceedings from behind the courtroom's safety glass brings to mind a different prison, halfway around the world, in Egypt.
Sudan Announces Intention to Have al-Bashir and Others “Appear” Before the ICC
Sudan's transitional government said al-Bashir and others indicted by the ICC for atrocities in Darfur must "appear" before the Court, but whether extraditions will occur remains…
Congressional Science and Technology Capacity Must Be Revitalized
The time is now for Congress to build out its own expert capacity so that it can oversee — and, if necessary, try to compensate for the loss of — the highly technical expert…
The Use of Regional Jurisprudence in UN Draft General Comment on the Freedom of Assembly
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
Crossing the Line from Use of Force to Torture in Response to Peaceful Demonstrations
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
UN Report Should Pressure Countries to Repatriate Foreign Fighters
A new UN report raises serious doubts about the respect of fundamental rights for those accused of being members of the Islamic State and facing trial in the Iraqi court system.…