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.
2,855 Articles
Why It May Not Matter If BuzzFeed Got It Wrong: “Encouraging” Perjury is Also a Crime
"If President Trump encouraged, rather than directed, Cohen to lie to Congress, the President would still be guilty of a federal crime involving an obstruction of justice."
Why Trump’s Directing Cohen, Others to Lie Would Be Far Worse Than Watergate
The threats to U.S. national security make these alleged acts of suborning perjury, false statements, and obstruction of justice much worse than Watergate.
The ICC Acquittal of Gbagbo: What Next for Crimes against Humanity?
The International Criminal Court dismissed another case this week, ordering the release of two more defendants accused of serious international crimes. The Court's recent record…
U.S. Congress Should Stop Security Assistance to Guatemala Until Rule of Law is Restored
As a former Appeal’s Court judge in Guatemala, I am deeply concerned about the rapidly escalating constitutional crisis that threatens recent progress to establish the rule of…
For Enduring Peace, Colombia Must Protect Advocates for Rights and Prosecute War Crimes
The coming year will be critical for efforts to secure an end to the armed conflict that has gripped Colombia for the last five decades. Human rights advocates working to address…
Attorney General Nominee Barr on Transparency: A Direct Answer? Or Misdirection?
In his written opening statement for his confirmation hearing as attorney general, William Barr says his goal is "to provide as much transparency as I can consistent with the law."…
The Status of Guantanamo 17 Years In
Seventeen years ago today, the United States brought twenty Afghan men, alleged to be members of the Taliban or al-Qaeda, to its Naval Base at Guantanamo Bay, Cuba. Images of the…
A Congo War Crimes Decision: What It Means for Universal Jurisdiction Litigation in Germany and Beyond
The German Federal Court of Justice, the country's court of last resort in criminal and private law, recently announced its much-anticipated decision in a Congo War Crimes case.…
When the Pardon Furthers the Conspiracy: Limits to the Pardon Power
As the special counsel investigation into Russian interference in the 2016 election continues to close in on President Donald Trump and his closest advisors, there have been reinvigorated…
Untangling the Issues in the “Transgender in the Military” Litigation
A few weeks ago, the Department of Justice made something of a splash by filing petitions for certiorari “before judgment” in three of the pending cases challenging then-Secretary…
Ruminations on RICO and Asset Forfeiture in the Trump Business Empire
Garrett Graff provided an excellent summary in Wired of the seventeen Trump-related investigations currently open. The settlement of fraud allegations against Trump University…
New Approach After Charlottesville Violence Protects Public Safety While Preserving Rights
When right-wing nationalists try to weaponize the First Amendment to the U.S. Constitution, states can use their own constitutional and statutory provisions to prohibit private…