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
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…
Mexico Appeals in Case Against Gun Manufacturers
"Mexico’s litigation is part of wider efforts to hold irresponsible members of the U.S. gun industry accountable for transborder damage caused with their products on its territory."
Expert Q&A on Asset Seizure in Russia’s War in Ukraine
As a matter of both law and fairness, resources to rebuild Ukraine should come from Russia. Effectuating this redistribution is, however, much more complicated than it might at…
How Lawmakers Hope to Sidestep Existing National Security Reviews to Target Foreign Investment
Though regulatory efforts have worked to monitor the app’s potential national security threats so far, politicians growing impatient.
The Broad Scope of “Intent to Defraud” in the New York Crime of Falsifying Business Records
"While there are other legal hurdles for the Manhattan DA to cross in the indictment of the former president, this element of the relevant offenses poses no obstacle..."
The Just Security Podcast: An Indictment of Donald Trump
The alleged indictment raises important questions about efforts to interfere with the 2016 presidential election and the rule of law.
The Just Security Podcast: The Mayor of Les Irois
Determined victims and creative lawyers used a U.S, law, the Torture Victims Protection Act, to hold a powerful mayor accountable.
Survey of Past Criminal Prosecutions for Covert Payments to Benefit a Political Campaign
Surreptitious third-party payments are routinely prosecuted as campaign finance violations in New York and nationally under various statutes.
Congress Should Limit, Not Expand, Irregular Warfare Authority
Section 1202 of the NDAA is an overbroad authority that risks widening the aperture for U.S. forces to engage in and direct combat in unauthorized, foreign wars.
Summit for Democracy: Trends in News Media’s Future, Forged in Ukraine
They face every obstacle. With support, they could help redefine how journalism reckons with era-defining challenges to the public sphere.