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.
2,994 Articles

Oral Argument in Jesner v. Arab Bank: Gimme Two Steps?
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests
Editor’s note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether…

With Blinders On?: How International Law Casebooks Teach Students in the United States
The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial…

Terrorist Financing: A Backgrounder
Ed. note. This post is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

The Rome Treaty Has Nothing to Do with Jesner v. Arab Bank
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (September 29-October 6)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

Three Quick Observations on the U.S. Citizen ISIL Detainee
1. Like Bobby Chesney, I fully expected that “John Doe”–the U.S. citizen who the military currently is detaining in Iraq–would be “en route to the…

Jesner v. Arab Bank: Closing the Door to Human Rights in Federal Court?
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…

Evidence Mounts that White House Anticipates Damaging Results from Russia Investigation
As the Russia investigations by special counsel Robert Mueller and Congress plow ahead, are there telltale signs that the White House is worried about the eventual findings? According…

How US Surveillance Helps Repressive Regimes—the Ethiopia Case
Recent stories from Edward Snowden’s disclosures show how the US government’s involvement with Ethiopia presents a case study in enabling repressive regimes to carry out…

International Legal Personality of Corporations: How Investment Law Answers the Supreme Court Question in Jesner
In Jesner v. Arab Bank, the US Supreme Court must decide a single question: can corporations violate international law? Answering this question first requires identifying the extent…