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

Draft Crimes Against Humanity Treaty: Toward a Gender Progressive, Survivor-Centric, Intersectional Approach
Civil society is calling on States to apply a gender-competent, survivor-centric, and intersectional lens to a new convention on crimes against humanity.

DOJ Will Use Trump’s Continued Embrace of Jan. 6 Rioters to Prove Its Case
Former President Donald Trump's statements can show he had the requisite criminal intent in the actions he took to overturn an election.

Continued Positive Momentum on Crimes Against Humanity Treaty
An update on the U.N. General Assembly's Sixth Committee session in October, and what to expect for a proposed crimes against humanity treaty.

The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act
New bipartisan legislation in Congress offers FISA Section 702 reforms that would protect Americans' privacy without compromising national security. It would be the most significant…

The Just Security Podcast: The Dangers of Using AI to Ban Books
Some public schools are turning to AI to comply with book bans - Emile Ayoub joins the show to discuss the risks and pitfalls.

The `Pinochet Precedent’ at 25: Supporting Justice for Victims with `Universal Jurisdiction’
With the "Pinochet Precedent," the principle of universal jurisdiction can provide justice for victims of other dictatorial regimes.

Poland: Why Rule of Law Matters as the Country Faces a Pivotal Election
Poland must return to a full respect for the rule of law to strengthen its own security and that of the European Union.

Syrian Torture Victims Deserve a Hearing Before the ICJ
As the case moves to the next stage, their voices must be central in the case that Canada and the Netherlands have put before the Court.

Social Media Platform Integrity Matters in Times of War
Twitter’s failure to moderate content about the Israel-Hamas conflict should be a lesson for other social networks.

Where Is the ICC Prosecutor?
The silence emanating from the Prosecutor of the International Court, Karim Khan, on the Israel-Gaza violence is growing louder by the hour.

Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform
Seasoned intelligence law expert and DOJ alum David Aaron explains why Section 702 must be reauthorized, why reforms that help the program evolve over time are useful, and where…

Analysis of the Lawfulness of Kenneth Chesebro’s Elector Plan Under Federal Election Law
This report analyzes the legal propriety of multiple slates of elector-nominees casting ballots purporting to be their state’s votes in the Electoral College. Kenneth Chesebro…