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

Concealing Surveillance: The Government’s Disappearing Section 702 Notices
The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.

The Fate of Justice in Russia-Ukraine Peace Talks
It is not too soon to consider the role of accountability, particularly criminal accountability, in peace talks between Russia and Ukraine.

Questions for Congress to Ask the Biden Administration at the AUMF Hearing
Congress should seek to determine how the executive branch interprets and relies on the 2001 AUMF and where the administration stands on proposed reforms that have been widely…

Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The Just Security Podcast: A Fourth Amendment Privacy Paradox
The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

A Leading Privacy and Security Expert has Explained Why Banning TikTok is Ineffective, Unnecessary, and Counterproductive
Bruce Schneier filed a declaration in support of a Knight Institute complaint against Texas' ban on TikTok for public university employees.

Making Counter-Hegemonic International Law: Should A Special Tribunal for Aggression be International or Hybrid?
The increasingly polarized debate over the tribunal’s institutional design – international or hybrid – goes to the heart, and core purpose, of international criminal justice,…

How to Get Away With Crimes Against Humanity: The Statutory Gap in US Law
Congress can bring justice for victims of crimes against humanity by passing a statute with universal jurisdiction.

Gender Persecution: Addressing Rights Violations through International Criminal Law
The International Criminal Court's policy on gender persecution covers a wide range of rights under international law.

A Letter to Kenneth Chesebro on Pleading Guilty
An assessment of Kenneth Chesebro's current legal situation and a recommendation for him to plead guilty to the Georgia charges.

The Best Defense: How Attorneys Advise Clients Through the Mental Process of a Plea Bargain
An expert attorney's advice on what circumstances he would advise a client to consider pleading guilty, in light of the Trump indictments.