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
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.
A “Cramped Interpretation of International Jurisprudence”? Some Critical Observations on the Amnesty International Genocide Report on Gaza
Critical analysis of Amnesty International report contending that Israel is committing genocide in Gaza.
The Amnesty International Report on Genocide in Gaza
Analysis of Amnesty International report contending that Israel is committing genocide in Gaza.
Does the Int’l Criminal Court Impose Too Low a Standard of Proof to Arrest a Head of State?
Whether the International Criminal Court should require a higher standard of proof - than “reasonable grounds to believe" - before arresting a head of state.
The International Criminal Court’s Classification of Armed Conflicts in the Situation in Palestine
The Pre-Trial Chamber's classification of armed conflicts in Gaza and its implications for the Court's jurisdiction.
Cutting Through the Noise to Trump’s Claimed Immunity in NY Felonies Case
When President-elect Donald Trump’s latest motion to dismiss his felony convictions in New York hit reporters’ in-boxes on Tuesday, it was immediately clear that the dominant…
Treasury’s Reversal on Sanctions Authority Is a Victory for Free Speech
OFAC’s reversal is a victory for free speech that ensures Americans can continue to engage with people and ideas from around the world.