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.
2,870 Articles

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.

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…

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.

The Just Security Podcast: A Request for ICC Arrest Warrants and the Israel-Hamas War
The ICC Prosecutor's application for arrest warrants could have far-reaching consequences for international justice and the Israel-Hamas war.

Imprisoned Writer Serving 9 Years Illustrates Vietnam’s Crackdown on Expression
Pham Doan Trang is in prison in Vietnam for her work as a writer. The U.S. can do more in trade deals to protect Vietnamese free speech.

Lawsuit Brings to Light New Revelations About 2020 Fraudulent Electors Scheme
By now, the saga of the false electors is relatively well known. After then-President Donald Trump’s election loss in November 2020, loyalists inside and adjacent to his campaign…

Irrefutable Evidence for Unspeakable Crimes? The Role of the Written Order in Proving and Denying Genocide
An explicit written order has not been -- nor should be -- necessary, whether for international justice or for collective memory.

What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
Mapping different outcomes for the Court's decision on Trump's presidential immunity and the follow-on procedural pathways emerging from those scenarios.

Stormy Daniels’ Darker Testimony About Trump Hints at a Forbidden Side of His Trial
A close look at the lines the judge must draw - and is drawing - to steer clear of testimony and other evidence that could cause undue prejudice to Defendant Trump.

The Just Security Podcast: The ‘Year of Climate’ in International Courts
2024 is the “Year of Climate” in international courts. Naima Fifita and Joana Setzer join the podcast to discuss what these cases could mean for the fight against climate change,…

Meta’s Oversight Board in a Historic Election Year: Nine Key Lessons for Industry
Meta's Oversight Board released a policy paper with recommendations for Meta and other social media companies on election content moderation.