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
A row of women seated outdoors, wearing dresses, head wraps, and face masks and applauding.

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…
Woman's hands holding pink roses.

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…
Women stand and hold protest signs in Kabul, Afghanistan.

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."
People in suits stand behind an outdoor podium with signs reading "Stop CCP Influence" and "Army National Guard." Military vehicles and city skyline in background.

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,…
The U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

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)
At least ten alleged members of the Oath Keepers in military fatigues are tagged in a photograph of a mob of people entering the Capitol on January 6th. The photo and tags identifying individuals are presented in an FBI Affidavit submitted by the Justice Department.

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.
Manhattan District Attorney Alvin Bragg speaks during a press conference to discuss his indictment of former President Donald Trump, outside the Manhattan Federal Court in New York, April 4, 2023. He stands behind a wooden lectern with the seal of office of the district attorney. He is dressed in a suit with a blue tie. Behind him is the American flag. To his side is a large chart with the title "People v. Donald J. Trump." The chart shows the basic elements of the theory of the criminal case for allegedly falsifying business records.

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.”
IMAGE (L to R): Former U.S. President Donald Trump arrives during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas (Photo by Brandon Bell/Getty Images); Former Trump Attorney Michael Cohen arrives at the district attorney's office to complete his testimony before a grand jury on March 15, 2023 in New York. (Photo by Yuki IWAMURA / AFP) (Photo by YUKI IWAMURA/AFP via Getty Images); David J. Pecker, CEO of Hachette Filipacchi Magazines, applauds during a press conference (Photo credit should read BOB STRONG/AFP via Getty Images); Adult film actress Stormy Daniels (Stephanie Clifford) speaks to the media as she exit the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City. (Photo by Drew Angerer/Getty Images) 

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…
Image collage of Manhattan District Attorney Alvin Bragg (left) and former President Donald Trump (right)

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.
Shot of the Justice Department building at night

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.
Reporters watch a CNN town hall featuring Donald Trump on a screen.

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."
A crowd of demonstrators wave Tunisian flags at a protest.

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…
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