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

Poland: Why Rule of Law Matters as the Country Faces a Pivotal Election
Poland must return to a full respect for the rule of law to strengthen its own security and that of the European Union.

Syrian Torture Victims Deserve a Hearing Before the ICJ
As the case moves to the next stage, their voices must be central in the case that Canada and the Netherlands have put before the Court.

Social Media Platform Integrity Matters in Times of War
Twitter’s failure to moderate content about the Israel-Hamas conflict should be a lesson for other social networks.

Where Is the ICC Prosecutor?
The silence emanating from the Prosecutor of the International Court, Karim Khan, on the Israel-Gaza violence is growing louder by the hour.

Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform
Seasoned intelligence law expert and DOJ alum David Aaron explains why Section 702 must be reauthorized, why reforms that help the program evolve over time are useful, and where…

Analysis of the Lawfulness of Kenneth Chesebro’s Elector Plan Under Federal Election Law
This report analyzes the legal propriety of multiple slates of elector-nominees casting ballots purporting to be their state’s votes in the Electoral College. Kenneth Chesebro…

In the Case Against Syria, a New Tool for Enforcing Human Rights
One of the key dilemmas of international law has always been whether and how international law obligations can be enforced against States that refuse to comply. In the case against…

Поступки щодо територій, правопорядку та світового миру: доля міжнародного права спочиває на кордонах України
Будь-які форми територіальних поступок за нинішніх умов були б юридично недійсними та суперечили…

Compromises on Territory, Legal Order, and World Peace: The Fate of International Law Lies on Ukraine’s Borders
Any form of territorial concessions in the present environment would be legally void and contrary to duties imposed on states.

On Eve of Elections, Polish Democracy is Subverted by Autocratic Media Advantage
Pro-democracy allies and organizations should call out such media capture and other tools of domestic election interference.

The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.

Key Takeaways from September 28 House Foreign Affairs Committee Hearing on AUMF Reform
The HFAC hearing clarified the shallowness of the Biden administration’s conception of AUMF reform, divisions between the political branches and within the House, and the risks…