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.
2,854 Articles
Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.
Whose Justice? Rohingya Perspectives on Post-Atrocity Justice
Survey results from over 400 Rohingya survivors of the 2017 genocidal violence in Myanmar raise the question of what international courts owe to those who participate in their…
ICC Arrest Warrant Requests in the Palestine Situation and Complementarity Anxieties: Why a new notification to Israel beforehand was not needed
(Editor’s Note: This article is part of our new symposium on the ICC and the Israel-Hamas war.) The Prosecutor of the International Criminal Court (ICC) Karim Khan’s recent…
The Right to a Unanimous Verdict and the Jury Instructions in People v. Trump
In The People of the State of New York v. Donald J. Trump, Justice Juan Merchan issued a set of jury instructions—55 pages in length. Merchan permitted the jury to convict based…
“True Threats” and the Difficulties of Prosecuting Threats Against Election Workers
On August 17th, 2022, ten election workers were conducting primary early voting at the Sunrise Senior Center in Broward County, Florida. Six or seven voters were at the center…
Justice in Ukraine Requires Using All Tools in the Accountability Ecosystem
Ukraine may represent a unique case of the full use of available mechanisms within the existing system of international criminal justice.
What to Watch for Following Historic Climate Opinion from ‘The Oceans Court’
The Tribunal issued the first-ever opinion by an international court articulating States’ obligations with respect to climate change.
International Enough? A Council of Europe Special Tribunal for the Crime of Aggression
To overcome personal immunities, a proposed Ukraine-CoE special tribunal must act on behalf of the international community as a whole.
Liberia’s Post-War Struggle for Accountability, Justice, and Healing
Liberia's president is working to establish a war crimes court to prosecute crimes which occurred during the country's civil war.
The Prosecutor’s Circumvention of Article 18 Complementarity? A Flaw in the ICC’s Palestine Investigation
"Bypassing Article 18 complementarity might jeopardize the legitimacy of the legal process undertaken by the Court in the eyes of certain constituencies"
Combatant Privilege vs. Criminal Responsibility for Organized Armed Groups
Editor’s Note: This article is part of the Armed Groups and International Law Symposium, building on the volume edited by Katharine Fortin and Ezequiel Heffes. During international…
Armenia and Azerbaijan in the International Court of Justice Over Nagorno-Karabakh
Learn how cases related to the conflict develop international jurisprudence, including for enforcing State accountability.