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.
2,863 Articles
How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.
Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)
Congress should consider when and how the laws it enacts will be enforced and take steps to empower members of Congress to effectively challenge illegal wars in court.
The Just Security Podcast: An Insider View of Trump’s Second Indictment
Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.
National Security Implications of Trump’s Indictment: A Damage Assessment
The former president's retention of highly classified intelligence has potentially grave implications for U.S. national security.
Could the Nova Kakhovka Dam Destruction Become the ICC’s First Environmental Crimes Case?
The Nova Kakhovka Dam destruction, already labelled an act of “ecocide” by some, will undoubtedly reinforce calls for the ICC to focus more on environmental crimes and further…
Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
The Road to Fairer Congressional Districts Might Start with the States
The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.
Expert Backgrounder: Secret Evidence in Public Trials
How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…
Model Prosecution Memo for Trump Classified Documents
"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…
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."