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.
2,869 Articles
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…
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.