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
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.
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…