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.

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2,854 Articles
ICC Prosecutor Karim Khan stands in a hallway wearing a dark suit and a blue shirt and dark blue tie.

Gaza Arrest Warrants: Assessing Starvation as a Method of Warfare and Associated Starvation Crimes

The ICC Prosecutor's charges related to starvation in Gaza resemble patterns of previous starvation crimes over the past eight years.
Former U.S. President Donald Trump departs the courthouse

A Manhattan Jury Has Placed a Question Mark on the Trump Presidency

Through the jury instructions, the falsified records became inseparable from what prosecutors described as a “subversion of democracy.”
Two men pushing together the doors on a large, metal outdoor fence comprising a section of the US border wall.

Why Trump v. Anderson Undermines State Efforts to Hijack Immigration Enforcement

Faithful application of the Supreme Court’s federalism principles should doom Texas’s attempt to seize control of national immigration policy.
The episode title appears with sound waves behind it.

The Just Security Podcast: A Landmark Court Opinion on the Ocean and Climate Change

The ITLOS decision is a major victory for the Commission of Small Island States on Climate Change and International Law.

What to Expect in the Closings at the Trump Trial

A detailed account of the paths that the prosecution and defense can and will likely take, based on a meticulous account of the trial record.

Halt: The International Court of Justice and the Rafah Offensive

Analysis of the ICJ Order on May 24, 2024, requiring Israel to "[i]mmediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the…
The episode title appears with sound waves behind it.

The Just Security Podcast: Courtroom Views from Inside Trump’s New York Criminal Trial

Experts Terri Austin and Adam Klasfeld share their views from inside the courtroom in Trump's New York trial and preview what comes next.
The producer/director of the program is sitting in silouette in the foreground in a control booth, with two monitors in front of her, and the studio set in the background where the co-hosts are sitting at the set desk, against a blue-green backdrop.

Support Grows for Gender Justice at UN Session on Draft Crimes Against Humanity Treaty

Track how States for the first time addressed proposals to better integrate gender justice and the needs of victims and survivors.
The defendant is holding a file folder over his face as he sites in a row of seats in front of microphones apparently for testimony in a wood-paneled courtroom.

A Draft Treaty on Crimes Against Humanity Draws More Engagement from States

Another resolution will be required in October to overcome objections that have blocked advancement of the treaty to formal negotiations.
Secretary of State Antony Blinken wears a dark suit and tie sitting in front a crowd during testimony of Capitol Hill.

The ICC Arrest Warrants: Even a Strong U.S. Reaction Should Not Include Sanctions

Ambassador Todd Buchwald draws lessons from past U.S. sanctions against the International Criminal Court as a guide for U.S. policymakers in responding to arrest warrants for Israeli…

How Prosecutors Turned Michael Cohen’s Greatest Liabilities into Their Assets

Klasfeld’s reporting is part of Just Security’s Trump Trials Clearinghouse. The first time that Manhattan prosecutors met Michael Cohen inside a federal prison to enlist his…
Sea Ice as seen from above off the northwest coast of Greenland.

Q&A: ‘The Oceans Court’ Issues Landmark Advisory Opinion on Climate Change

ITLOS determined that UNCLOS requires parties to take specific, concrete steps to prevent, reduce, and control greenhouse gas emissions.
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