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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2,932 Articles
In an aerial view, flags wave on graves of Ukrainian soldiers at ‘Field Of Mars’ War Cemetery

Deportation, Detention, and Other Crimes: In Ukraine, the Past and Present of International Criminal Law Converge

International law concepts at least partially formed in Lviv, Ukraine, now frame discussions about accountability in the Russia-Ukraine war today.

Talking to “the Enemy” Shouldn’t be Illegal

Litigants explain their suit challenging U.S. Treasury Department’s OFAC (Office of Foreign Assets Control) decision to prohibit organization’s providing “a platform” for…
Two men in suits and blue ties converse in the foreground. A blonde woman with her arms crossed is in the background.

The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer

The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.
Men in suits walk down a hallway.

The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline

Congress once again has an opportunity — and an obligation — to enact much-needed surveillance reforms to protect Americans’ privacy while ensuring that intelligence agencies…

Is Generative AI the Answer for the Failures of Content Moderation?

Companies ought to proceed cautiously and with transparency if they use generative AI for content moderation.
A lone pedestrian walks by the Trump hotel in downtown Washington, D.C. on March 25, 2020. (Photo by ERIC BARADAT/AFP via Getty Images)

Trump’s ‘Ill-Gotten Gains’: Breaking Down the $464M Civil Fraud Appeal

Understanding the reasons for the judge's calculations helps demystify the findings about how Trump illegally profited from a long fraud.
A destroyed window of the Roman Shukhevych museum is seen on March 5, 2024 in Lviv

Prosecuting the Crime of Aggression in Ukraine and Beyond: Seizing Opportunities, Confronting Challenges and Avoiding False Dilemmas

Accountability efforts for Russian aggression against Ukraine should be analyzed in light of these two States' complex history.
A girl carries a canvas bag filled with food aid bearing the logo of non-profit non-governmental organisation World Central Kitchen, in Rafah in the southern Gaza Strip on March 17, 2024, amid the ongoing conflict between Israel and the militant group Hamas.

“Famine is Setting in”: The International Court of Justice Returns to Gaza

The Court ordered Israel to ensure the unhindered provision of humanitarian assistance, in full cooperation with the United Nations, including by opening new land crossing points.
Various countries' flags in front of UN building and fence with UN symbol

National Security at the United Nations This Week (Mar. 25-29)

The latest on developments at the United Nations at the intersection of national security, human rights, and the rule of law.
Picture Of United Nations Flags

In a Future Crimes Against Humanity Convention, States’ Duty to Prosecute Must Not Be Weakened

To weaken or condition in any form the duty of States to investigate and prosecute suspected perpetrators would run contrary to the spirit and raison d’etre of a future Convention…
L to R: A poll worker checks in a voter on March 19, 2024 at the Noor Islamic Cultural Center in Columbus, Ohio (Photo by Andrew Spear/Getty Images); Visual representation of artificial intelligence (via Getty Images); the logo of US online social media and social networking site 'X' (formerly known as Twitter) is displayed centrally on a smartphone screen alongside that of Threads (L) and Instagram (R) on October 29, 2023 in Bath, England (Photo by Matt Cardy/Getty Images)

Tracking Tech Company Commitments to Combat the Misuse of AI in Elections

Tracking social media platforms' and AI companies' public commitments to combat deceptive uses of AI in the 2024 elections.
Gaston Browne (L-R), Prime Minister of Antigua and Barbuda, Arnold Loughman, Attorney General of Vanuatu, and Kausea Natano, Prime Minister of Tuvalu, arrive for a tribunal hearing related to climate change

The ‘Year of Climate’ in International Courts

A backgrounder on how climate cases came before four international courts, with a summary of issues each court has been asked to address, offers a one-stop resource to refer to…
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