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.
2,943 Articles
Looking Forward: What Can Courts Do and When
Given international courts current role and relevant limitations in ending wars, how can courts play a more meaningful role in ending war, or in preventing a return to war?
Symposium: Is There a Role for International Courts in Ending Wars?
Judicial involvement in ongoing armed conflicts should be examined from multiple vantage points: courts, victims, parties to conflict, and broader goals of peace and security.
Courts in Wartime: A Level Playing Field for Peace
Although international courts have limits, they can do what few other peaceful dispute resolution mechanisms can when it comes to ending war.
Suspend Your Judgment? The Role of International Courts in Ending Wars
When international courts intervene in active wars, they must contend with how (and whether) they can contribute to ending wars and shape the post-war aftermath.
Alien-ating Asians in 21st-Century Land Laws
“Alien land laws” frame Asian land ownership as a national security threat despite minimal evidence, echoing the United States’ historical exclusionary policies.
When the Warning Bells Ring: Judicial Awareness in War
By heeding the warning bells and embracing a do‑no‑harm principle, international courts can denounce abuse while preserving the credibility of international justice.
Congress Should Stop DHS’s Lawless Misuse of Mandatory Immigration Detention
The Fifth Circuit upheld an illegal ICE mass detention policy, deepening a legal and humanitarian crisis that Congress can and must fix.
Assessing the ICC’s Impact in Ukraine
An analysis of the ICC’s warrants against Putin and Lvova-Belova, exploring their real impact on diplomacy, deterrence, and justice in Ukraine.
Minnesota ICE Enforcement: Tracking Alleged Constitutional Violations in Court
Sworn declarations in ACLU’s Minnesota lawsuit describe masked ICE agents using violent, warrantless arrests targeting Somali and Latino US citizens, legal residents.
International Criminal Court Intervention in Civil Wars: A Tradeoff Between Atrocity Prevention and Peace
Although ICC intervention does appear to deter atrocities, on balance, its involvement in ongoing civil wars fails to facilitate peaceful settlement in most cases.
Securing Justice for Cyber-Enabled International Crimes
A new ICC policy provides a valuable framework for the investigation of cyber-enabled international crimes.
The Trump Administration’s Deregulatory Playbook
A deep dive into the Trump administration’s first-year deregulatory agenda, Supreme Court influences, and the evolving limits of agency authority.