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
Mandate Matters: How the DC Circuit Could Limit Trump’s Run-Out-the-Clock Strategy
The DC Circuit has every reason to put the burden on former President Trump by issuing a quick mandate.
A Symposium on the International Criminal Court and the Israel-Hamas War
With news that the International Criminal Court has issued arrest warrants in relation to the situation in Palestine, read the latest in our symposium to provide legal and policy…
Old Constitutional Provisions and Presidential Selection: The folly of exhuming Section 3 of the 14th Amendment
A critical analysis of the use of the 14th Amendment to bar candidates, including former President Trump, from running for office, without congressional implementing legislation.…
The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…
The Role of the United Nations in Atrocity Response: Limited, But Not Obsolete
States must invest in “alternative” sites for atrocity prevention because “primary” sites such as the Security Council are foreclosed.
The Promise and Risk of South Africa’s Case Against Israel
How the International Court of Justice will consider South Africa's application under the Genocide Convention against Israel, the expected timing, and the potential results and…
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.
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…
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.
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.