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.
2,932 Articles
Proving Genocide: Party Presentation
Myanmar appears to have changed its position in Gambia v. Myanmar, a historic genocide case before the ICJ. This change may prove decisive in the court's pending decision.
Negotiating a Treaty on Crimes Against Humanity – Introduction to the Joint Symposium
A symposium featured expert analyses of issues related to advancing the draft International Convention on the Prevention and Punishment of Crimes Against Humanity.
Elements of Genocide: Intent to Kill
The ICJ should explicitly interpret ‘intentionally’ killing members of a group to include dolus directus and dolus eventualis in the case brought by Gambia against Myanmar.
Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications
The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…
Proving Genocide: Patterns of Conduct
As the ICJ hears Gambia v. Myanmar, the Court should continue to consider “patterns of conduct,” while weighing this evidence with other sources for genocidal intent.
Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.
When Crises Become Courtrooms: How Africa’s Engagement with the ICJ Is Rewriting the Playbook of International Law
Litigants from Africa and the African diaspora are doing more than “using” courts during emergencies. They are actively shaping doctrine.
The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.
History and International Law Proscribe Amnesties for Russian War Crimes
Compromising on prosecutions for Russian atrocities would erode the system of international justice built since Nuremberg and undermine the rule of law itself.
A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.