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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2,870 Articles
A large Liberian flag hangs on a large curved building with a building crane in the background.

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.
International Criminal Court Prosecutor Karim Khan poses during an interview

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"
Fighters from the Free Syrian Army cheer and react as they fight against the Islamic State (IS) group jihadists on the outskirts of the northern Syrian town of Dabiq, on October 15, 2016.

​​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.
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.
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