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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2,869 Articles
White House with red flowers in the foreground

America’s Overlooked National Security Threat

The United States' deepest constitutional and national security challenge involves not personalities, but structure.
Four screenshot images from the Extraordinary Chambers in the Courts of Cambodia's TikTok account, showing a range of their educational outreach activities.

Vlogging International Criminal Justice? Digital Optics at the Khmer Rouge Tribunal

The Extraordinary Chambers in the Courts of Cambodia (ECCC), tasked with addressing the atrocities of the Khmer Rouge regime, has ventured into uncharted territory: TikTok.
In this photo illustration, the Telegram logo is displayed on a number of screens

Telegram’s Security Sham

Its track record and transparency practices, as well as the testimony of researchers, make it plain its claims of security are not to be trusted.
Two armed law enforcement officers stand in a grassy area, watching action off-screen.

The Growing Threat of State Domestic Terrorism Laws to the First Amendment

Since political violence is already criminalized under other state and federal laws, state domestic terrorism laws are arguably unnecessary. These laws create serious, and often…

Chronology of a Dozen Times Trump Pushed to Prosecute His Perceived Enemies

A deeply researched list of specific instances in which former president Trump used the Department of Justice and other levers of government power — including by directly, publicly…
United States District Court for the District of Columbia

After Immunity: How Judge Chutkan Should Apply Trump v. U.S.—and When

A deep dive into the state of play in United States v. Trump.
Olanyia Mohammed, 38, who managed to escape the massacre in his village by the Lord's Resistance Army (LRA) in 2004 but lost 15 members of his family points at his parents names etched on the memorial for the victims of the massacre in Lukodi, Uganda, February 3, 2021. (Photo by Sumy Sadurni / AFP) (Photo by SUMY SADURNI/AFP via Getty Images)

Confirmation of Charges in Absentia for Joseph Kony: Paving the Way for Putin?

The ICC proceeding against Kony opens the door for in absentia confirmation of charges in other high-profile ICC cases, but it is a fact-specific analysis and so the prosecution…

Durov, Musk, and Zuckerberg: Tech Oligarchs Cry Censorship and What It All Means

"It is important for the heads of social media companies to demand fair and legitimate boundaries are set. The current strategy by some of them seems more like the tale of the…
U.S. Republican Presidential Candidate and former President Donald Trump speaks at the U.S.-Mexico border

‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies

Were Trump an immigrant and subject to the same scrutiny as those he now maligns, he would be at high risk of being either refused entry, denied a green card, or rejected for citizenship.…
A large UN meeting room.

The UN Cybercrime Convention: Analyzing the Risks to Human Rights and Global Privacy

A detailed analysis of the human rights and digital privacy implications of the United Nations Convention Against Cybercrime.
Ukrainian soldier of the assault battalion walks on the empty street of town on August 16, 2024 in Sudzha, Russia.

A Reply to Chris O’Meara: Necessity and Proportionality in International Law on the Use of Force

In his thought-provoking essay in Just Security, Chris O’Meara provides an insightful analysis of Ukraine’s recent incursion into Kursk Oblast under the law governing the use…
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

Don’t Sanction the ICC for Doing its Job

Writes an American-Israeli citizen whose family was decimated in the Holocaust: "It is my family history and three decades spent advocating for human rights and the rule of…
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