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
Prosecuting Ecocide: The Norms-Adoption/Enforcement Paradox
Might the prospects of meaningful norms enforcement of ecocide at the International Criminal Court level be disproportionate to the investments needed – and challenges associated…
Meta’s Oversight Board Recommends Major Advance in International Accountability
The Oversight Board’s recommendation that Meta create a protocol to preserve and share graphic conflict-related content signals that we may be teetering on the edge of a powerful…
Співпраця США з МКС у розслідуванні та злочинів в Україні: Можливості та виклики
Початок серії, в якій розглядається поточний правовий режим, нове законодавство, точки консенсусу…
Biden Prepares to Fete Modi Amid US Reports of India’s Rights Abuses, Repression
A White House state dinner courts a longshot security alliance, even as the administration's own reports document democratic backsliding.
US Cooperation with the ICC to Investigate and Prosecute Atrocities in Ukraine: Possibilities and Challenges
The start of a series examining the current legal regime, new legislation, points of consensus, and related Court doctrines and policies.
A Historic Cold War Execution on Espionage Charges: Information Delayed is Information Denied
The sons of Julius and Ethel Rosenberg call for release of all NSA and National Archives records related to their mother's case.
How DHS is Fueling Georgia’s “Terrorism” Crackdown on Cop City Protests
The charging of Cop City protestors as domestic terrorists highlights the dangerous manner in which the federal government’s DVE policies are playing out on the ground – interacting…
The Trump Indictment: What Top Intelligence Experts Are Saying
On June 13, former President Donald Trump pleaded not guilty in response to an historic federal indictment concerning the mishandling of highly classified U.S. intelligence information.…
DHS’s Newest Target: Atlanta “Cop City” Activists
Homeland security organizations are injecting federal spy agencies into local political matters, often without meaningful restrictions.
How Much Prison Time Does Former President Trump Face? Applying the U.S. Sentencing Guidelines
Calculating a potential prison sentence, with some caveats, in the case of former President Donald Trump's indictment.
Recovering a Role for the Courts in Decisions to Wage War: How Congress Can Overcome the Political Question Doctrine (Some of the Time)
Congress should consider when and how the laws it enacts will be enforced and take steps to empower members of Congress to effectively challenge illegal wars in court.
The Just Security Podcast: An Insider View of Trump’s Second Indictment
Espionage Act cases often require a balancing of the need to protect sensitive intelligence information and a defendant’s due process rights.