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.
2,870 Articles

The Chiquita Verdict Expands International Human Rights Liability for Corporate Conduct Abroad
A recent verdict may have substantial ramifications for the future of international human rights litigation in U.S. Courts.

International Court of Justice’s Call on All States to End Israel’s Occupation and Find a Path to Peace
President of the Open Society Foundations, Binaifer Nowrojee, discusses implications of ICJ ruling on Israeli occupation of Palestinian territory.

US Arrests Former Syrian Prison Chief – But Will the Charges Prove Equal to His Crimes?
Prosecutors can do more to hold al-Sheikh fully to account under the Torture Act and the Justice for Victims of War Crimes Act.

United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel
An in-depth legal analysis on the fate of Special Counsel Jack Smith's prosecution of former President Donald Trump in the classified documents case and beyond.

Azerbaijan’s Aliyev Extends Arbitrary Detentions Even as He Prepares to Host Global Climate Conference COP29
Gubad Ibadoghlu's case represents a trend of falsely imprisoning human rights defenders that casts a shadow on a premier annual gathering.

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent
The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.

A Synopsis of ICJ Finding Israel’s Occupation of Palestinian Territory in Violation of International Law
Israel must end its occupation of Palestinian territory, the International Court of Justice said in an advisory opinion.

The Just Security Podcast: An Innovative Lawsuit Links Social Media Companies to Mass Shootings
Paul Barrett discusses the novel case and its potential impact on legal efforts to hold social media companies liable for mass shootings.

Robert Menendez Guilty: The Significance of the First ‘Foreign Agent’ Conviction of a U.S. Senator
Senator Robert Menendez (D-NJ) racked up 16 felony convictions on Tuesday, delivering a fatal blow to his three-decade long career in the U.S. Congress. Menendez signaled that…

Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…

Sweeping ICC Sanctions Bill Would Harm Victims, U.S. Interests
After months of warnings, the International Criminal Court (ICC) prosecutor announced on May 20 that he was seeking arrest warrants against top Israeli officials and Hamas commanders…

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…