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
Birthright Citizenship and Undocumented Immigrants
"If the new administration goes through with this proposal whether by executive action or legislation, courts should and most likely would strike it down."
Slavery Often Creates Disability – The International Criminal Court Should Address this Overlooked Connection
Slavery often crates the physiological, psychological, interpersonal, or environmental conditions that lead to disability.
Beyond Law: When States Use Ethics to Excuse War Crimes
Until distorted ethical narratives are challenged, powerful states will continue to commit war crimes with impunity.
Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
Progress on Gender Justice Continues as States Consider Next Steps on Draft Crimes Against Humanity Treaty
This fall, a number of States expressed support for the inclusion of various gender justice proposals in a potential future treaty.
How Much (or How Little) Does the Biden Administration Want Justice in the 9/11 Case?
Secretary of Defense Austin's actions to reverse a plea deal for three defendants at Guantanamo may further jeopardize the prosecution's case.
Days, Not Weeks: Gaza, Starvation, and the Imperative to Act Now
The humanitarian situation in Gaza has sharpened third states’ obligation to use their leverage now to reverse the trajectory, writes Dannenbaum.
In ICJ Advisory Opinion on Israel in the Occupied Palestinian Territory, Separate Opinions Obscure Legal Rationale
The Advisory Opinion marks an important development in international law. It is therefore disappointing that this development occurs ex cathedra and in a manner that reveals so…
Equal Access to the Supreme Court for Servicemembers: The Missing Pieces
What Congress can do to complete the job of putting military and civilian cases on an equal footing in accessing the Supreme Court.
As Ukraine Struggles for Troops, Its Constitutional Court Considers the Rights of Conscientious Objectors
A court case shows the complexity of weighing a constitutional guarantee against the obligation to protect the State in war.
Journalist in Exile Laments Kyrgyzstan Crackdown, Now Extending to His 12-Year-Old Son
Bolot Temirov on the personal cost of the country's repression of media and civil society, as democracy gives way to authoritarianism.
Election 2024 Real-Time Litigation Tracker
Tracking the most important breaking election cases across the country with implications for the democratic process.