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.
2,864 Articles
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…
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…
Why Being Named a “Subject” in Mueller’s Probe is Reason for Trump to Worry–Not Celebrate
Former federal prosecutor and head of Public Corruption Task Force in Connecticut breaks down the recent news that Mueller reportedly told President Trump that he's currently a…
Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part I)
This backgrounder covers the key issues of jurisdiction now that the Court is set to open an investigation that may cover alleged torture by US officials.
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Just Security’s Symposium on the ICC Afghanistan Probe and the US
Just Security is pleased to announce the launch of an online symposium dedicated to the International Criminal Court’s (ICC) probe in Afghanistan and its implications for the…