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.
2,932 Articles
Two Tracks, One Destination? The Importance of Getting the Balance Right on Complementarity
Getting the balance right between partnership and vigilance is far from easy, but it is crucial if the OTP is to fulfill the promise of a Rome Statute system that is able to deliver…
Hard Work Ahead for Haiti’s New Government as it Seeks to Restore Security with International Support
A successful counter-gang strategy must rebuild community trust, protect human rights, and lay the groundwork for long-term peace and stability.
Truth, Trust, and AI: Justice and Accountability for International Crimes in the Era of Digital Deception
The emergence of deepfakes and synthetic media have called into question the authenticity of user-generated evidence in legal proceedings.
The Oversight Board Needs Access to Facebook’s Algorithms to do its Job
Meta should cooperate with Board efforts to delve further into algorithms and provide it with access its needs for effective oversight.
Corruption in Ukraine: Myths and Reality
The head of the Ukrainian Bar Association outlines progress and challenges in this parallel fight to the military battle against Russia.
How the Inter-American Court Could Advance Protection for Climate-Displaced Individuals
The Inter-American Court's guidance could become an invaluable tool for shaping a principled and pragmatic international response to the pressing human rights challenge of climate-related…
Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.
Whose Justice? Rohingya Perspectives on Post-Atrocity Justice
Survey results from over 400 Rohingya survivors of the 2017 genocidal violence in Myanmar raise the question of what international courts owe to those who participate in their…
ICC Arrest Warrant Requests in the Palestine Situation and Complementarity Anxieties: Why a new notification to Israel beforehand was not needed
(Editor’s Note: This article is part of our new symposium on the ICC and the Israel-Hamas war.) The Prosecutor of the International Criminal Court (ICC) Karim Khan’s recent…
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.