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.

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2,932 Articles
A cherry tree in bloom near the U.S. Supreme Court in Washington, D.C.

Hungary v. Simon Offers Supreme Court Stark Choice

Hungary v. Simon, argued Tuesday at the US Supreme Court, has significant implications for the Foreign Sovereign Immunities Act's expropriation exception.
The International Criminal Court forecourt, entrance and sign.

Financial Accountability at the ICC: Aligning Domestic Legal Frameworks with the ICC’s Asset Recovery Mandate

Many International Criminal Court member States lack the domestic legal frameworks necessary to effectively implement the Court’s asset recovery requests, raising concerns about…
The episode title appears with sound waves behind it.

The Just Security Podcast: Russia’s Program of Coerced Adoption of Ukraine’s Children

A new report has identified 314 individual Ukrainian children that Russian officials transferred from Ukraine to Russia for coerced adoption.
On the left, the lower body of a soldier holding a rifle behind a fence. One the right, a white truck.

Deployment of the U.S. Military for Immigration Enforcement: A Primer

An expert explainer by leading expert on the domestic deployment of the U.S. military.
Ukrainian flags in memory of soldiers who died during the war against Russia are seen on the Maidan Nezalezhnosti

New Report Documents Russia’s Systematic Program of Coerced Adoption and Fostering of Ukraine’s Children

Researchers identified 314 individual Ukrainian children that Russian officials transferred from Ukraine to Russia for coerced adoption.
A man walks away from the E. Barrett Prettyman US Courthouse in Washington, DC

Trump’s Legal Battles Over Jan. 6 Are Still Alive and Relevant

A breakdown of the civil cases that will still proceed against President Trump, with new rounds of briefs due on Weds.
Image of the text of the 14h amendment in cursive. Black text against yellowed paper.

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."
The handicap symbol of a person in a wheelchair appears in white paint on a blue background.

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.
Smoke billows during an Israeli airstrike on the southern Lebanese village of Khiam

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.
A courtyard in the Abu Ghrab is shown with prisoner cells on the sides. The photo is taken from behind a gate.

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.
General Assembly Hall of United Nations

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.
A photo shows a building with beige siding and a banner hanging below a window with a seal and the words "Office of Military Commissions."

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.
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