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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2,856 Articles

Historic Moment for Liberians: Warlord Sentenced to 30 Years

Above: Mohammed Jabbateh in court. Image: Chase Walker/Civitas Maxima On April 19, a federal judge in Philadelphia handed down one of the most severe penalties ever imposed by…

Treaty Based Limitations on the Article 12 Jurisdiction of the Int’l Criminal Court

Above: An Afghani boy rides his bicycle past a U.S. Navy corpsman in Kajaki, Afghanistan. (Photo by Scott Olson/Getty Images) This piece is the latest in our online symposium–spearheaded…

Just Security Podcast: Ex National Security Council Official Joshua Geltzer on Supreme Court Travel Ban Case

Above: Zainab Ahmed of Dearborn, Michigan chants during a protest of Muslim Ban 3.0 on the campus of Wayne State University on October 4, 2017 in Detroit, Michigan. (Photo by Stephen…

At a Crossroad: The Int’l Criminal Court’s Afghanistan Probe and the International Law Commission

This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing on the International Criminal Court’s (ICC) probe in Afghanistan and its…

The Supreme Court Should Rethink Deference to the Executive in the Travel Ban Case

Former White House Counsel Neil Eggleston, and Amanda Elbogen write that the Justices should not provide the customary deference to the Executive Branch when it comes to the Travel…

Immunity for International Crimes: Where Do States Really Stand?

Under customary international law, government officials, intelligence officers, military personnel, and other state agents generally enjoy immunity from criminal prosecution by…

Comey’s Book and Prepublication Review

Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…

Uncomplimentary Complementarity and the Int’l Criminal Court’s Afghanistan Probe

Above: US military facilities at Bagram airfield, Afghanistan. Image: DoD This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing…

Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller

Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…

Official Immunity Under the Rome Statute: The Path From Principle to Practice Is Seldom Straight

Just Security is pleased to launch this online symposium–spearheaded by Professor Laura Dickinson–which is focused on the International Criminal Court’s (ICC) probe…

Evidence Unsealed in Colvin v. Syria

Media are reporting another chemical weapon attack in Syria (a summary of prior attacks is here). Notwithstanding these breaches of an indisputable international law rule, there…
The ICC's flag, a white set of scales against a light blue background is shown.

Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part II)

Just Security is pleased to launch this online symposium–spearheaded by Professor Laura Dickinson–which is focused on the International Criminal Court’s (ICC) probe…
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