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.
3,030 Articles

Landmark UN Declaration on Sea-Level Rise Offers Legal Certainty and International Stability
The Declaration represents an international consensus on legal questions including inundated States' continuing statehood and UN membership.

Auctioning Democracy: Trump’s Promise of a $5,000 “Dividend”
Trump's pledge to pay $5,000 to every adult U.S. citizen if Republicans retain control of Congress could violate federal criminal law.

Working Backwards: Inside the Trump Justice Department’s Conclusion-First Approach to Civil Rights
The Civil Rights Division regularly announces investigations or even conclusions with little to no evidence of fact-finding at all.

Activists at the Poland-Belarus Border are Still Being Prosecuted for Providing Aid to Migrants
People who help migrants and asylum seekers at Poland's border with Belarus continue to be targeted with prosecutions, interrogations, and home searches by Polish authorities.

Dangerous Warning Signs from the First-Ever ATRC Case
The first-ever case brought before the Alien Terrorist Removal Court displayed the dangers the court poses to democratic rights.

Guantanamo Dispatches: Military Ends USS Cole Hearing Early for Health Emergency
Pretrial hearings in the USS Cole bombing case ended abruptly on Wednesday after the case's death-penalty defense lawyer had a health emergency.

Boots Off Ballots: The Law
Federal law and the Constitution are abundantly clear: efforts to involve troops in U.S. elections are anti-constitutional and illegal.

Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing
Analysis of what the outcome of Suncor v. Boulder will mean for climate cases that rely on deception claims as the basis for fossil fuel company liability.

Any State Can Make AI Safety Cooperation Legal
State governments have the authority to allow AI companies to coordinate on safety measures without running afoul of federal antitrust laws.

Guantanamo Dispatches: Innocent or Guilty, Accused USS Cole Bomber May Never Go Free
Even if the jury were to acquit him, the U.S. military could still continue to hold the suspect in the USS Cole bombing case indefinitely.

Proposed U.S. Sanctions Against the Int’l Criminal Court Could Lead to Detainees’ Release
A list of individuals currently in ICC custody awaiting trial or judgment, who could be released if U.S. sanctions dismantle the Court.

Journalists Show Power of Solidarity in Response to White House Press Ban
The Washington press corps has offered a masterclass on essential collective resistance to Trump administration assaults on democracy and the rule of law.