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
Fulton County Courthouse

What to Expect When You’re Expecting a Georgia Indictment of Trump

Legal experts answer questions about what to expect in the anticipated Fulton County indictment of former President Donald Trump.
Israel's Prime Minister Benjamin Netanyahu, flanked by Air Force personnel, checks a Hermes 900 drone

The Legal Takeover of the Manifestly Unlawful Order Doctrine in Israel

The involvement of lawyers allows combatants to absolve themselves from thinking about human rights considerations as long as they believe the military functions as part of a democratic…
Chief Justice Roberts and Justice Kagan sit in a crowd and watch the State of the Union address. They are both wearing black robes.

John Roberts Takes Control on Voting Rights

Despite some positive developments, it is likely that ongoing and future civil-rights litigation will be contoured to satisfy, not an audience of nine, but a Chief Justice whose…
A European Union observer, seen from behind and wearing a blue helmet and blue vest with the EU's circle of stars on it, looks in the direction of the Lachin corridor, the Armenian-populated breakaway Nagorno-Karabakh region's only land link with Armenia, on July 30, 2023. Karabakh has been at the centre of a decades-long dispute between Armenia and Azerbaijan, which have fought two wars over the mountainous territory. (Photo by KAREN MINASYAN/AFP via Getty Images)

Starvation as a Means of Genocide: Azerbaijan’s Blockade of the Lachin Corridor Between Armenia and Nagorno-Karabakh

The US, Russia, and other world powers have avenues both to halt the current situation and to pursue justice and accountability.
An interior shot of the Peace Palace, the seat of the International Court of Justice, the principal judicial body of the United Nations.

Why Terrorism Exceptions to State Immunity Do Not Violate International Law

If the International Court of Justice approaches Iran’s claims against Canada the same way it approached Germany’s claims against Italy, Canada should prevail.
The episode title is shown with sound waves behind it.

The Just Security Podcast: An Update on the Trump Classified Documents Case

Joining the show to discuss the additional charges in the Trump classified documents case is former federal prosecutor David Aaron. 
Statue of Yahya

International Criminal Accountability for Yahya Jammeh’s Administration: The Gambia-ECOWAS Court

The government of The Gambia, ECOWAS, and the AU have a responsibility to action the decades-long justice and accountability demands of the victims and survivors of the Jammeh-era…

Anatomy of a Fraud: Kenneth Chesebro’s Misrepresentation of My Scholarship in His Efforts to Overturn the 2020 Presidential Election

"A key memorandum drafted by Chesebro -- which might otherwise appear relatively innocuous even in how it is discussed in the indictment -- laid the foundation for the scheme grounded,…

Will Mark Meadows Be A Principal Witness Against Donald Trump?

On the role Meadows might play in the January 6th trial, and tradeoffs that Special Counsel Jack Smith needs to consider.
IMAGE: (L) Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump at the Justice Department on August 1, 2023 in Washington, DC. (Photo by Alex Wong/Getty Images); (R) Members of the House Select Committee to Investigate the January 6 Attack on the U.S. Capitol hold its last public meeting in the Canon House Office Building on Capitol Hill on December 19, 2022 in Washington, DC. (Photo by Jim Lo Scalzo-Pool/Getty Images)

Comparing the Trump Indictment and the January 6th Select Committee’s Final Report

A principal author of the January 6th Select Committee’s report examines the Special Counsel’s indictment for significant new evidence.

National Security Implications of Trump’s Superseding Indictment: A Damage Assessment 2.0

The alleged attempt to delete surveillance camera footage at Mar-a-Lago poses its own significant concerns for U.S. national security.
Side shot of Special Counsel Jack Smith

An Overlooked January 6 Charge: The “Stop the Count” Scheme

Section 241 can form the basis for charging Trump and conspirators in connection with their effort to "stop the count" in 2020 presidential election.
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