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.

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2,854 Articles
Arab League Secretary-General Ahmed Aboul Gheit (L) and Saudi Foreign Minister Faisal bin Farhan (R) attend a press conference

An Arab League Interpol-Like Security Network Puts Dissidents and Human Rights Defenders At Risk

Without urgently needed reforms, human rights defenders could be at risk of arrest in 22 countries without even knowing it. No one is safe from the reach of the Arab Interior Ministers…
The US Constitution with a gavel laid on it.

The Character to Lead: Republicans’ Fork in the Road Between Trump and the Constitution’s Eligibility Requirements for President

"As someone who has served as an informal advisor to Republican and Democratic Presidents, it pains me to make this observation."
Ukrainian artillerymen of Aidar battalion fire a 122mm D30 howitzer artillery field gun

Trials of Ukrainian Prisoners of War in Russia: Decay of the Combatant’s Immunity

Captured members of UAF units - including the Azof and Aidar battalions - qualify as POWs and should be protected from prosecution for lawful acts of war by the combatant’s privilege.…
Ukrainian flags in memory of soldiers who died during the war against Russia are seen on the Maidan Nezalezhnosti

Accountability for Russian Imperialism in the “Global East”

Despite a tendency to analyze global divisions over aggression trials through a “West” versus “Global South” binary, the longer-term stakes of accountability for Ukraine…
Ukrainian artillerymen of Aidar battalion fire a 122mm D30 howitzer artillery field gun

Суди над українськими військовополоненими в Росії: руйнація імунітету комбатанта

Отже, російські фіктивні судові процеси повністю нівелюють ці основоположні принципи МГП і спрямовані…
Biden and Zelenskyy walk past a Ukrainian flag. Biden is wearing a dark suit and Zelenskyy is wearing a dark green polo shirt.

Biden’s Cooperation with the ICC Is a Step Toward Embracing Reality

Biden's decision may end a dangerous practice of wishful thinking about U.S. exposure to the ICC’s jurisdiction, one that has helped enable U.S. policies ranging from attacks…
Military officers at an honor guard ceremony

How Military Leaders Can Navigate a Crisis of Democracy: Lessons from the Reservist Protests in Israel

Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.
The episode title is shown with sound waves in the background.

The Just Security Podcast: The Trump Indictment in Georgia

The indictment charges that the defendants engaged in a sweeping criminal enterprise to overturn the results of the 2020 election in Georgia. 

What to Expect When You’re Expecting a Trump Trial in Fulton County

Legal experts answer questions about what to expect in the Fulton County, Georgia prosecution of former President Donald Trump and co-defendants.
(From L to R) Former Serbian Minister of Defence Zoran Djordjevic, then-Serbian Minister of Defence Aleksandar Vulin, Serbian Ambassador in Bosnia and Herzegovina Stanimir Vukicevic and President of the Serbian entity in Bosnia and Herzegovina (Republika Srpska) Milorad Dodik attend an event to promote Slavic - Serbian ties on July 7, 2017 in Bratunac, Bosnia and Herzegovina. The gathering aimed to highlight Bosnian Serb victims of the Bosnian 1992-1995 war. Bratunac is located near Srebrenica, where the genocide against Muslim Bosnian civilians by Bosnian Serbs forces took place in 1995. (Photo by Pierre Crom/Getty Images)

US Sanctions Against Serbia’s Intel Boss Should Signal a More Holistic Policy Redo

The commendable action will only have an impact as part of a broader change in the Biden administration’s posture on the Western Balkans.
A group of individuals speaking at a podium in front of cameras.

The Fulton County DA’s Options: Multi-Defendant Trial(s) and the Paths Ahead

Analyzing the risks and rewards of multi-defendant trials for the State and for the defendants.

Deciphering the Trump Indictment from the Apparent Fulton County Docket Entry

Legal experts discuss the likely charges against former President Trump and other defendants based on the apparent docket entry in Fulton County, Georgia.
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