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
I’ve Prosecuted National Security Cases. It Can Take Time to Get Them Right.
Prosecutors in counterintelligence cases are maximizing their chances of success while protecting defendants’ rights and national security.
The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA
There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.
After ICJ’s “Certain Iranian Assets” Judgment, Iran and United States Both Claim Victory
"[T]he Court determined that it could not order the United States to unfreeze nearly $1.75 billion in Iranian central bank assets but obligated the United States to compensate…
Don’t be Fooled By U.S. Smoke and Mirrors on the Crime of Aggression
When it comes to doing the right thing and pursuing the rule of law, the form a tribunal takes should not dictate its ability to function:
Fox News’ Recent Setback Against Dominion Is a Major Victory for the First Amendment
A jury finding Fox News liable for defamation would be both a fair outcome and a victory for democracy and the First Amendment.
Trump’s Reinstatement on Social Media Platforms and Coded Forms of Incitement
Co-published with Tech Policy Press Over the past few weeks, major social media companies including Facebook, Twitter and YouTube reinstated former President Donald Trump’s social…
What Israel’s Judicial Crisis Can Teach Us About Our Own
Linkages in the Israeli debates of an independent judiciary to the protection of democracy suggests a cautionary note for the United States.
The Just Security Podcast: Is Evan Gershkovich’s Arrest the End of Free Press in Russia?
Evan’s arrest is Russia’s latest attempt to intimidate foreign correspondents reporting in the country. The threats are common tactics.
The United States’ Proposal on Prosecuting Russians for the Crime of Aggression Against Ukraine is a Step in the Right Direction
Whatever shape an aggression tribunal takes, we applaud the U.S. position which will likely create momentum to prosecute Russian aggression.
In Trump Case, Procedures Exist to Safeguard the Former President’s Right to an Impartial Jury
"[E]nsuring that Trump receives a fair trial while maintaining his Sixth Amendment rights is a necessary step on the path toward accountability."
Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…
Does Russia Exercise Overall Control over the Wagner Group? Expert Q&A from Stockton Center’s Russia-Ukraine Conference
Use of the “overall control” test to attribute Wagner Group conduct to Russia is appealing, but considering the test’s application to other factual scenarios, there is some…