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

Refuting Srebrenica Genocide Denial Yet Again, as UN Debates Draft Resolution

The prospect of a UN commemoration of the 1995 massacres in Bosnia as genocide has revived denials of the motives behind the killings.
Former U.S. President Donald Trump speaks to the media as he exits the courtroom for the day at Manhattan Criminal Court

Why Trump Will Likely be Held in Contempt and What Then

Explaining former President Donald Trump's gag order in his New York criminal trial, the alleged violations, and the legal framework.

Arizona Election Interference Indictment – Conspicuous Absences

Analysis of Breaking News that an Arizona grand jury has indicted Trump associates for efforts to over 2020 presidential election.
Donald Trump seated at defense table in courtroom, flanked by two lawyers, with public seating in background.

‘Election Fraud, Pure and Simple’: Trump’s Prosecutors Move Beyond Stormy Daniels in Wide-Lens Trial Opening

Prosecutors widen the aperture on the historic case against former President Trump through a sweeping narrative about election influence that went beyond any single hush-money…
People with umbrellas in a line outside the Supreme Court

History Shows the Supreme Court Knows How to Move Quickly, as it Should With the Trump Immunity Case

History shows the Supreme Court can come to a decision soon after oral arguments. It must do so on the question of presidential immunity.

Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity

"We suggest questions that Justices might ask the parties at oral argument, questions that can help clarify key issues at hand and force the parties to set out their reasoning."

Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans

A pending General Assembly vote on an annual global commemoration of the Srebrenica Genocide is spurring vociferous debate.
Various countries' flags in front of UN building and fence with UN symbol

Where do States Stand on Official Immunity Under International Law?

There is now a clear majority of support for draft Article 7, at least to the extent that it provides for the inapplicability of functional immunity to the crimes of genocide,…
The episode title appears with sound waves behind it.

The Just Security Podcast: United States v. Trump: Presidential Immunity from Criminal Conduct

NYU School of Law hosted an expert panel to discuss whether a former President is immune from criminal prosecution for official acts committed while in office.
US Capitol building at sunset with moon

Unpacking the FISA Section 702 Reauthorization Bill

The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.
WASHINGTON, DC - FEBRUARY 28: A view of the front of the District of Columbia Court of Appeals is seen February 28, 2024 in Washington, DC. On February 5, 2024, the court unanimously rejected former President Trump's claim that he is immune from prosecution on criminal charges that he plotted to overturn the 2020 election results. The U.S. Supreme Court has since decided to take up the issue. (Photo by Robert Nickelsberg/Getty Images)

Trump’s Challenge to Democracy Through the Lens of Transitional Justice

The United States could use transitional justice tools to create a shared understanding of anti-democratic events and move forward with accountability.
Former President Donald Trump raises his hand as he moves through a crowd.

41 Star Witnesses and Bit Players in Trump’s NY Criminal Trial

The list of potential witnesses read during jury selection for Trump's criminal trial in New York could indicate the direction of the case.
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