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.
2,853 Articles
Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring
The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
Confronting Challenges to the Prosecution of Enforced Disappearances Before Domestic Courts
Addressing widespread impunity and various failed efforts to establish criminal responsibility for enforced disappearance.
Italy, Libya, and the Failure of State Cooperation with the International Criminal Court in the Elmasry Arrest Case
The decision to release Osama Elmasry Njeem and fly him back to Libya immediately drew widespread outrage in Italy and beyond.
The Real Reason Trump’s Purge of Career DOJ Officials Should Alarm You
Senate Judiciary Committee and Department of Justice alum maps out the threat posed to 2028 election by President Trump's personnel moves inside the Department of Justice.
Beware the “Deferred Resignation” Offer: A Legally Dubious Proposal for Federal Employees
The deferred resignation proposal sent to federal workers is fraught with practical and legal issues that present uncertainty for employees.
Understanding Trump’s Choice for FBI Leadership in Light of the“Weaponization of the Federal Government” Executive Order
An essay by former acting United States Attorney General.
Trump’s Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell Us
Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.
What Just Happened: The “Invasion” Executive Order and Its Dangerous Implications
Trump's "invasion" EO could dangerously expand federal and state powers, enabling detention without trial and unauthorized war.
Why Has the Trump Justice Department Not Moved to Dismiss the Case Against Trump’s Co-Defendants in the FLA Classified Documents Case?
The Justice of Department's inaction appears to protect both Trump's reputation and Kash Patel's nomination to head the FBI.
Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…
Syria Needs the International Criminal Court
The Assad atrocities have long served as a painful example of the limits of international justice, but there is now a chance to change that.
What Just Happened: Sanctuary Policies and the DOJ Memo’s Empty Threat of Criminal Liability
A leading expert analyzes the Justice Department threat to prosecute state and local officials in sanctuary cities.