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
In the Case Against Syria, a New Tool for Enforcing Human Rights
One of the key dilemmas of international law has always been whether and how international law obligations can be enforced against States that refuse to comply. In the case against…
Поступки щодо територій, правопорядку та світового миру: доля міжнародного права спочиває на кордонах України
Будь-які форми територіальних поступок за нинішніх умов були б юридично недійсними та суперечили…
Compromises on Territory, Legal Order, and World Peace: The Fate of International Law Lies on Ukraine’s Borders
Any form of territorial concessions in the present environment would be legally void and contrary to duties imposed on states.
On Eve of Elections, Polish Democracy is Subverted by Autocratic Media Advantage
Pro-democracy allies and organizations should call out such media capture and other tools of domestic election interference.
The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.
Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…
National Security Law and the Originalist Myth
Any genuine project of national security reform requires more than reviving a fictive eighteenth century of checks and balances. It instead entails treating foreign interventionism…
The NY Trump Civil Fraud Trial: From Tipping Point to Toppling Over
What to expect in the coming days and weeks, including the risk-rewards Trump faces in testifying.
Using AI to Comply With Book Bans Makes Those Laws More Dangerous
Using generative artificial intelligence tools to comply with book bans will only further threaten freedom of speech.
The U.N. Human Rights Council and the ICC Can Do More for Afghanistan
The United Nations Human Rights Council should create an independent investigative mechanism for Afghanistan.
Sackett v. EPA’s Aftermath and the Risk of Inflamed Western Water Conflict
Water insecurity and conflict in the drought-ridden west may spike in the Sackett v. EPA's deregulatory wake.
The Elephant in the Courtroom: ICC Temporal Jurisdiction Over the Situation in the Philippines
The International Criminal Court's split opinion in the Situation in the Philippines highlights the possibility that the question of temporal jurisdiction is far from over and…