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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2,854 Articles

How the International Court of Justice Should Stop the War in Gaza

"The Court may benefit from alternatives to consider."
Candles and flowers are placed in front of a portrait of Lasantha Wickrematunge.

15 Years Later, Sri Lanka Continues to Deny Justice to Murdered Journalist

Lasantha’s murder, and the government’s failure to meaningfully investigate it, is a potent illustration of the importance and necessity of holding the perpetrators of crimes…
Various countries' flags in front of UN building and fence with UN symbol

National Security at the United Nations This Week (Jan. 8-12)

The latest on the intersection of national security, human rights, and the rule of law at the United Nations.
A white sign with blue writing on it reads "Camp Justice" with a blue sky behind it and a U.S. flag flying above.

Another Lost Year on Guantanamo

Guantanamo continues to cause profound damage both inside and outside of its walls. The steps to close the facility are there for the taking.
A guard tower is shown with a U.S. flag in the middle and bared wire next to the tower.

Accountability and Legacy at Guantanamo: Some Progress, Still A Long Way to Go

As we mark the 22nd anniversary of Guantanamo, we have an obligation to look to the long-term to support the victims of torture.

How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines

An overview of the potential procedural pathways for former President Trump's appeal of his federal prosecution for election interference.

Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy

The DC Circuit has every reason to put the burden on former President Trump by issuing a quick mandate.
The building of the International Criminal Court in The Hague in 2019. (Photo by OSeveno via Wikimedia Commons under Creative Commons license)

A Symposium on the International Criminal Court and the Israel-Hamas War

With news that the International Criminal Court has issued arrest warrants in relation to the situation in Palestine, read the latest in our symposium to provide legal and policy…

Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment

A critical analysis of the use of the 14th Amendment to bar candidates, including former President Trump, from running for office, without congressional implementing legislation.…
Gavel with American flag in background

The U.S. Military Moves Closer to Just Military Justice – But More Work Remains

Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…
The seal of the United Nations is shown against a dark wall.

The Role of the United Nations in Atrocity Response: Limited, But Not Obsolete

States must invest in “alternative” sites for atrocity prevention because “primary” sites such as the Security Council are foreclosed.

The Promise and Risk of South Africa’s Case Against Israel

How the International Court of Justice will consider South Africa's application under the Genocide Convention against Israel, the expected timing, and the potential results and…
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