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

The ICC’s 2022 Gender Persecution Policy in Context: An Important Next Step Forward
"Including the crime of gender persecution within the Rome Statute constitutes a significant step in the development of international criminal law related to the investigation…

Gender Persecution: Why Labels Matter
"If we do not specifically identify and condemn the discriminatory drivers of crimes, what hope do we have of dismantling them as part of our quest for an atrocity-free, more peaceful…

Dusting Off the Law Books on the Crime of Gender Persecution
"Now is the time to dust off the law books on the crime of gender persecution and bring justice to survivors and victims who have never in history received full recognition."

With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans
"These laws on their face may make superficial efforts to distinguish between persons of Chinese ancestry and the CCP, but they also equate all Chinese denizens with foreign agents,…

Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702
A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)

Stewart Rhodes Should Get No Leniency For Leading Anti-Government Paramilitary Group
The Oath Keepers' record of taking up arms against the government shows why Stewart Rhodes' request for leniency in sentencing should be roundly rejected.

The Untold Strength of Tax Crimes in Manhattan DA’s Case Against Former President Trump
The strongest case involves statements to tax authorities falsely characterizing the payments to Michael Cohen as “legal fees.”

Detailed Timeline of Trump Hush Money-2016 Election Investigation
Part of Just Security’s work on accountability and election law. Originally published on March 29, 2023; updated version published on May 24, 2023. On April 4, 2023, Manhattan…

The Question of Tax Fraud in Manhattan DA’s Case Against Former President Trump
Analysis of potential tax-related crimes in the Manhattan District Attorney's charges against former president Donald Trump.

Inching Toward a More Transparent Office of Legal Counsel
Analysis of DOJ Office of Legal Counsel's May 19, 2023 release of a new index of unclassified OLC opinions written between 1998 and 2019.

Trump’s Most Pivotal, Incriminating Admission on CNN
"But why is this admission so pivotal to the potential outcome of a trial? The answer is location, location, location."

Tunisia Can “Bounce Back” from Authoritarianism with Proper Support
"Until conditions allow for the right combination of elements to help the country reverse course, the United States and the international community must use consistent, behind-the-scenes…