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.
2,854 Articles

How Not to Decide TikTok: U.S. press freedom hangs in the balance
"If the Court were to accept the Solicitor General’s rationale ... the government would be free to force the removal of owners of any media outlet whose fealty it did not trust."

Judge Cannon and the Special Counsel’s Report
Explaining the state of litigation over whether DOJ can publicly release the January 6th report - and how the Supreme Court may decide.

Trump’s Real Felony Sentence: The Jury’s Verdict Hasn’t Been Erased
For the last week, President-elect Donald Trump’s defense attorneys submitted hundreds of pages of legal arguments in four courts from New York City to Albany to Washington,…

Unpacking the Inspector General Report on January 6th and FBI “False Flag” Conspiracies
A top expert analysis of the evidence in the Inspector General report.

Unpacking the Meta Announcement: The Future of the Information Ecosystem and Implications for Democracy
Meta's changes reflect the trend of deregulation, aligning with Zuckerberg's vision of prioritizing free expression over community safety.

National Security Resilience and Reform: Trump 2.0 and Beyond
Beginning a national security reform process is not just necessary, but urgently demanded to break inertia and launch a new dynamic.

Trump’s Realist Option for Int’l Criminal Court Case Against Netanyahu
The incoming Trump administration can take advantage of the ICC's activities to achieve legitimate U.S. interests in Gaza and beyond.

Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…

Suing the Taliban at the ICJ Over Abuses of Afghan Women Isn’t a Panacea. Countries Must Do More Now.
Beyond suing the Taliban and awaiting a potential ICJ case, the international community should meaningfully act on women's rights now.

An Interim Report on the ICJ’s Climate Advisory Opinion
The International Court of Justice's proceedings in a climate change advisory opinion case stand to issue important, authoritative guidance about the nature and interaction of…

The Just Security Podcast: Nobel Peace Prize Recipient Oleksandra Matviichuk on Accountability in Russia’s War Against Ukraine
Washington Senior Editor Viola Gienger interviewed Oleksandra Matviichuk about her organization's documentation of grave crimes in Ukraine.

The Wagner Group in Court: Justice Is Catching Up with Russia’s Top Irregular Warfighters
A trial in Finland of a commander for the Wagner affiliate Rusich could reshape the legal framework for accountability in such cases.