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
Unforced Error: Article 124 and the Regrettable Caveat to Ukraine’s Proposed Ratification of the ICC Statute
Invoking an exception to the ICC's jurisdiction would not only be a regression from Ukraine's otherwise commendable engagement with international law, it would also contradict…
The Just Security Podcast: How can the U.S. Address Political Violence and Threats?
Rachel Kleinfeld reflects on the threats of political violence in the United States and offers solutions ahead of the 2024 election.
Revoking the 9/11 Plea Deals: Human Rights Consequences
Defense Secretary Austin's decision to discard the 9/11 plea deals at the Guantanamo military commissions is a missed opportunity for the United States to achieve a rule of law-compliant…
What’s in a Bag? The Lawfulness of X-raying the Diplomatic Pouch in International Law
Is it lawful for a State to subject a foreign diplomatic pouch to X-raying or scanning to ensure that it is not used for illicit purposes?
An ICC Complementarity Policy at Last: Can the Prosecutor Walk the Talk?
A close analysis suggests that the ICC Prosecutor's new vision of complementarity is informed by his practice-driven and pragmatic approach to engagement with States.
A New ICC Policy on Complementarity? Let’s Fast Forward to Universal Jurisdiction Allocation
On the heels of the ICC Policy on Complementarity and Cooperation, national prosecutorial authorities should think about UJ allocation and coordination.
Justice for Trans-border Torture Requires Rethinking the International Criminal Court’s Jurisdiction in the Israel-Palestine Conflict
Recognizing the transnational nature of these alleged crimes, the ICC could potentially bridge the artificial divide between Gaza and Israel.
After Immunity: The Path Forward for the January 6th Case
TABLE OF CONTENTS I. Introduction II. The Supreme Court’s Immunity Framework III. Applying the Court’s Immunity Decision to the Indictment 1. Undisputed Unofficial Conduct…
Train Wreck at Guantánamo
Leading expert on military justice analyzes the extraordinary turn of events in on again, off again plea deals in 9/11 military commissions cases, and what should happen next.
Israel’s ‘War on Terror’ and the Legal and Security Imperative to Comply with International Law
Israel should embrace a more targeted counterterrorism strategy that complies with international law and facilitates greater security.
AI’s Potential to Advance Human Rights? Striking the Right Balance
The risks of AI are well-known, but devoting more effort to understanding its benefits towards human rights will help harness its potential.
Toward an International Register of Damage for the Occupation of Palestinian Territory
The International Court of Justice’s Advisory Opinion on the Legal Consequences of the Policies and Practices of Israel in the Occupied Palestinian Territory, finding Israel’s…