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.
2,932 Articles
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…
Ex-Military, Intelligence, and Foreign Policy Officials: Travel Ban Harms National Security
On April 25, the U.S. Supreme Court will hear oral arguments in Trump v. Hawaii, the case testing the statutory and constitutional validity of President Donald Trump’s travel…
Just Security Podcast: The White House’s “Pardon Dangle” and Obstruction of Justice
News that White House lawyer John Dowd broached the possibility of pardoning Paul Manafort and Michael Flynn has prompted many experts to question whether Dowd could face charges.…
House Intel Committee Findings Contradict Kushner’s Testimony
An overlooked nugget in the the House Intelligence Committee's final findings. The Committee says Jared Kushner expected to get derogatory information on Clinton from Russian sources…
Why Dangling a Pardon Could Be an Obstruction of Justice—Even if the Pardon Power is Absolute
According to the New York Times and Washington Post, Donald Trump's personal lawyer may have offered a pardon to Paul Manafort and Michael Flynn to get them to avoid cooperating…