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.
2,854 Articles

Decisions Without Enforcement: Ukrainian Judiciary and Compensation for War Damages
When considering a future international compensation mechanism or any other suggested model, it is necessary to decide what status the decisions of Ukrainian courts should have…

How to Make Russia Pay to Rebuild Ukraine
A system of collective countermeasures institutionalized through the U.N. can create pressure to bring Russia to the table.

Trump Must Pay $450m Civil Fraud Judgment, But Now Avoids Corp Death Penalty
Trump must pay more than $350 million in “ill-gotten” gains—and can't run a New York business for three years, a judge ruled on Friday - but also clawed back an earlier remedy.

The ABA Urges Action Against Abusive Commercial Spyware, and Policymakers Should Listen
The leading association of American lawyers added its voice to the chorus of concern surrounding the proliferation of commercial spyware.

The Just Security Podcast: A Syrian War Crimes Verdict in a Dutch Court
A Dutch court recently convicted a man of war crimes and crimes against humanity committed during the Syrian civil war.

Multiple Threats Converge to Heighten Disinformation Risks to This Year’s US Elections
Both the private sector and government will have to work more seriously to help safeguard American democracy from falsehoods.

Trump Fails to Get N.Y. Hush-Money Case Dismissed, as Judge Gears Up for March Trial
A report from the Manhattan courtroom on the hearing of former President Donald Trump's motion to dismiss DA Alvin Bragg's prosecution.

Why and How the Senate Should Swiftly Dismiss the Impeachment Charges Against Mayorkas
"The articles are also facially and substantively defective in many other respects. Upon convening as a court of impeachment, the Senate should swiftly reject the articles as a…

A Guide to Thursday’s Hearing on Trump’s Motion to Dismiss the Manhattan Prosecution
A guide to the hearing where the Manhattan court will take up former President Trump's motion to dismiss District Attorney Alvin Bragg's prosecution for hush money payment in 2016…

Dutch Appeals Court, Finding Clear Risk of IHL Violations, Orders Government to Halt Military Deliveries to Israel
A Dutch appeals court has ordered the government to halt delivery of F-35 fighter jet parts to Israel within seven days.

The Real “Robert Hur Report” (Versus What You Read in the News)
"To clarify thinking about this topic, let’s consider another way Hur could have represented his actual findings on page 1 of his executive summary."

Dissecting Trump’s “Peacefully and Patriotically” Defense of the January 6th Attack
An analysis of former President Trump's reference to "peacefully and patriotically" in his January 6th Ellipse speech - for the trial and court of public opinion.