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.
2,932 Articles

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.

Biden Can, But Shouldn’t, Federalize the Texas National Guard
Invocation of the Insurrection Act in response to Texas' obstruction of CBP agents at the U.S.-Mexico border would be inappropriate.

How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines
Likely trial start dates for former president Trump in DC, now that the Circuit Court has ruled and the Supreme Court has yet to weigh in.

Taking Stock of ICJ Decisions in the ‘Ukraine v. Russia’ Cases—And implications for South Africa’s case against Israel
What do the ICJ's two recent decisions mean for Ukraine's international legal strategy, and what do they signal about other pending ICJ cases, including South Africa v. Israel?

National Security at the United Nations This Week (Jan. 29-Feb. 2)
ICJ issues judgment in 2017 Ukraine-Russia case, UN officials emphasize importance of UNRWA funding in Gaza, ICC Prosecutor speaks on Sudan, and more.

The Biden Administration Must Use Civil Rights Enforcement to Push Back Against Texas’s Racist Invocation of Invasion
Texas Governor Greg Abbott's invocation of "invasion" is based in the white supremacist "great replacement" conspiracy theory.

Between Rhetoric and Effects: The ICJ Provisional Measures Order in South Africa v. Israel
A close dissection of what exactly the ICJ required Israel to do, and what the Court may have purposefully left ambiguous.