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.
2,863 Articles
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.
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.
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.”
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.