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

A Leader is Brought to Justice 41 Years Later in Suriname

A court decision confirmed the conviction of ex-President and previous junta leader Desi Bouterse for the 1982 murders of 15 political prisoners.
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Advances in AI Increase Risks of Government Social Media Monitoring

New AI tools are exacerbating problems with social media surveillance.

Selective Use of Facts and the Gaza Genocide Debate

The South African application to the International Court of Justice "provides lessons for how some strategies may be well intended, but the measures chosen can undermine efforts…
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Congress Can Curb Abuse of the Presidential Pardon Power

Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.
US Capitol building at sunset with moon

Nine Stories That Deserved More Attention in 2023 – and That May Shape 2024

What stories or topics merited more attention in 2023, with a particular eye toward what might inform law and policy conversations in 2024?

The US Can — and Must — Counter Russian Influence Undermining Kyrgyzstan’s Democratic Progress

The latest sign of backsliding is a draft "foreign agents" law modeled after one that gutted civil society in Russia.
A street cart is illuminated on an otherwise dark street.

In Viral Video Cases, Does Hate Make the Crime?

Within the context of a law enforcement investigation, if a defendant’s contemporaneous hate speech is the cart, then a suspected crime is the horse. You need both to make a…
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The Office of Legal Counsel Discloses List of Classified Opinions in Important Step for Transparency

The disclosure of the titles means that journalists, researchers, and others can now request the Office of Legal Counsel opinions themselves, opening important new avenues for…
Ruins of a room in a hospital visible through a destroyed portion of wall.

In Defense of Gaza’s Hospitals and Health Workers

All reports of hospital attacks and misuse of hospitals must be investigated and those responsible held accountable. In the meantime, urgent action is needed to ensure that more…

The Military Justice Provisions of the National Defense Authorization Act for Fiscal Year 2024: Better Late Than Never

Top expert on military justice explains key new provisions in law Congress just passed, and what's missing. National Defense Authorization Act of 2024 (NDAA).
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Two Supreme Court Cases Could Shape the Future of AI and Content Moderation

The Supreme Court’s decision in the social media cases will shape the kinds of arguments that labs can make against AI regulations.
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Initial Lessons from the Rocha Case: The United States Must Remain Alert for Foreign Intelligence Threats

Prosecutors accuse Rocha of serving as a covert operative of Cuba during a multi-decade career with access to the nation’s secrets.
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