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

Spyware Out of the Shadows: The Need for A New International Regulatory Approach
We urgently need a system where the developers of spyware tools are forced either to require their State customers to provide credible guarantees on future human rights compliance,…

How Trump’s CNN Town Hall Remarks Put Him in Greater Legal Peril for Jan. 6 Investigations
During a town hall event on CNN Wednesday night, former President Donald Trump made multiple incriminating remarks about his efforts to overturn the 2020 presidential election.…

DHS Intelligence Rearranges the Deck Chairs—Again
The new realignment of the DHS Office of Intelligence & Analysis fails to address the agency's fundamental problems.

Why the E. Jean Carroll Verdict Will Matter to Voters
Sexual assault is incompatible with serving in public office, according to large majorities of voters.

An International Special Tribunal is the Only Viable Path to a Just and Lasting Peace in Ukraine
It is our moral obligation to fight impunity and go after international criminals. It also makes sense politically, as only full accountability can pave the way towards a just…

U.S. Domestic Terrorism Prosecutions: The Reality Behind the Government’s Inflated Numbers
U.S. policymakers and the public need to better understand the extent, nature, and efficacy of domestic terrorism prosecutions.

The Legal Authority to Create a Special Tribunal to Try the Crime of Aggression Upon the Request of the UN General Assembly
President Zelenskyy opposes a “hybrid” tribunal to try the crime of aggression—but can the U.N. create a court without Security Council support?

Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.

Freedom of Expression and Media Freedom as a Driver for All Human Rights
Freedom of expression is protected in international law, because, without it, democracy and the rule of law wither away. A free press is a vital aspect.

Expert Q&A on What International Law Has to Say About Assistance to Russia’s War Against Ukraine
What international law has to say about other States’ assistance to Russia’s war efforts

Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
A comprehensive database of efforts to bar from public office individuals who engaged in the January 6th insurrection.

Надання юрисдикції та ордери МКС на арешт Путіна та Львової-Бєлової
"The theory of 'collective conferral' [of ICC jurisdiction] is supported by examining the situation of other international organizations and the practice of States."