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.
2,863 Articles
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…
‘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.…
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.
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…
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…
The ICC Prosecutor’s Policy on Complementarity and Cooperation: A Dynamic Tool for Accountability
The OTP’s Policy on Complementarity and Cooperation builds on the idea of a dynamic process of partnership with national authorities, civil society, and other accountability…
Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…
Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…
Time for the International Criminal Court to Recognize Persons with Disabilities and the Slave Trade
The ICC's update to the prosecution of slavery crimes should include specific recognition of and protections for persons with disabilities.
The Just Security Podcast: Assessing the Recent Response of International Law and Institutions in Palestine and Israel
What have international institutions chosen to condemn as violations of community norms, and what conduct has been silenced or omitted?
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
President Biden should proclaim the conflict authorized by the 2002 resolution to be over and determine that it is no longer “necessary and appropriate” to use force for the…