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.
2,854 Articles
Prosecuting a President – Under What Conditions Is It Warranted?
"Democracies that resort readily to the criminal law against political rivals risk finding themselves at some stage categorized as ex-democracies."
Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy
Invoking the First Amendment, a single district court judge effectively issued a prior restraint on large swaths of speech, cutting short an essential dialogue between the government…
Hate Speech from Modi Supporters Belies His Claims of Indian Democracy During US Visit
Comments by his ministers and party leaders reinforce the lamentable record of the government’s abusive and discriminatory policies.
Takeaways from the UN Special Rapporteur Report on Guantanamo
The United States should make good on its commitment to follow through on the Special Rapporteur's Guantanamo report.
Is Henry Kissinger a War Criminal?
For all the advances made by international justice, a powerful American former secretary of state still seems beyond its grasp.
Perspectives on Gender Persecution: Colombia’s Transitional Justice Process
How does the the International Criminal Court Prosecutor's Policy on the Crime of Gender Persecution interact with domestic justice processes? The transitional justice process…
Prosecuting Ecocide: The Norms-Adoption/Enforcement Paradox
Might the prospects of meaningful norms enforcement of ecocide at the International Criminal Court level be disproportionate to the investments needed – and challenges associated…
Meta’s Oversight Board Recommends Major Advance in International Accountability
The Oversight Board’s recommendation that Meta create a protocol to preserve and share graphic conflict-related content signals that we may be teetering on the edge of a powerful…
Співпраця США з МКС у розслідуванні та злочинів в Україні: Можливості та виклики
Початок серії, в якій розглядається поточний правовий режим, нове законодавство, точки консенсусу…
Biden Prepares to Fete Modi Amid US Reports of India’s Rights Abuses, Repression
A White House state dinner courts a longshot security alliance, even as the administration's own reports document democratic backsliding.
US Cooperation with the ICC to Investigate and Prosecute Atrocities in Ukraine: Possibilities and Challenges
The start of a series examining the current legal regime, new legislation, points of consensus, and related Court doctrines and policies.
A Historic Cold War Execution on Espionage Charges: Information Delayed is Information Denied
The sons of Julius and Ethel Rosenberg call for release of all NSA and National Archives records related to their mother's case.