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.
3,030 Articles
Minnesota ICE Enforcement: Tracking Alleged Constitutional Violations in Court
Sworn declarations in ACLU’s Minnesota lawsuit describe masked ICE agents using violent, warrantless arrests targeting Somali and Latino US citizens, legal residents.
International Criminal Court Intervention in Civil Wars: A Tradeoff Between Atrocity Prevention and Peace
Although ICC intervention does appear to deter atrocities, on balance, its involvement in ongoing civil wars fails to facilitate peaceful settlement in most cases.
Securing Justice for Cyber-Enabled International Crimes
A new ICC policy provides a valuable framework for the investigation of cyber-enabled international crimes.
The Trump Administration’s Deregulatory Playbook
A deep dive into the Trump administration’s first-year deregulatory agenda, Supreme Court influences, and the evolving limits of agency authority.
International Human Rights and Criminal Courts and the End of War
The relationship between international courts and States shapes how they provide accountability, build peace, and respond to backlash.
Can the U.S. Government Be Sued for Wrongful Death in a Caribbean Boat Strike?
In Burnley v. United States, relatives sue on behalf of two Trinidadian men killed in a boat strike, confronting U.S. sovereign immunity and the political question doctrine.
Pursuing Truth, Not Peace: International Courts’ Limited Ability to Help End Wars
International courts rarely end wars, but when designed humbly, creatively, and fairly, they can help parties choose law over war—turning justice into a path toward peace.
Artificial Guilt? A Practitioner’s Guide to Criminal Liability in the Age of GenAI
An expert guide to analyzing criminal exposure arising from the use—or misuse—of generative artificial intelligence.
The Road to a New Convention on Crimes Against Humanity
A new treaty on crimes against humanity will require extensive dialogue and ongoing efforts to engage delegations about the substantive issues.
Responding to the Trump Administration’s Cuts to International Judicial Work
Foreign aid cuts have halted most international judicial training. What future paths remain for U.S. judges seeking global engagement?
Judging War: The Legitimacy of International Courts in Armed Conflicts
This article examines how the ICJ and ICC navigate legitimacy challenges in armed conflicts, testing their authority, fairness, and impact on global peace and justice.
Symposium Introduction: Is There a Role for International Courts in Ending Wars?
Judicial involvement in ongoing armed conflicts should be examined from multiple vantage points: courts, victims, parties to conflict, and broader goals of peace and security.