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
National Security Implications of Trump’s Indictment: A Damage Assessment
The former president's retention of highly classified intelligence has potentially grave implications for U.S. national security.
Could the Nova Kakhovka Dam Destruction Become the ICC’s First Environmental Crimes Case?
The Nova Kakhovka Dam destruction, already labelled an act of “ecocide” by some, will undoubtedly reinforce calls for the ICC to focus more on environmental crimes and further…
Pending Supreme Court Case Complicates Special Counsel Smith’s Choices
Much has been written in the last 24 hours about where charges against former President Donald Trump would be brought with respect to his handling of government documents and obstructing…
The Road to Fairer Congressional Districts Might Start with the States
The route to less racially or politically gerrymandered congressional districts could pass through remapping state legislative districts.
Expert Backgrounder: Secret Evidence in Public Trials
How, in prosecutions for mishandling classified documents, the Classified Information Procedures Act (CIPA) is designed to protect both U.S. national security secrets and defendants'…
Model Prosecution Memo for Trump Classified Documents
"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…
The ICC’s 2022 Gender Persecution Policy in Context: An Important Next Step Forward
"Including the crime of gender persecution within the Rome Statute constitutes a significant step in the development of international criminal law related to the investigation…
Gender Persecution: Why Labels Matter
"If we do not specifically identify and condemn the discriminatory drivers of crimes, what hope do we have of dismantling them as part of our quest for an atrocity-free, more peaceful…
Dusting Off the Law Books on the Crime of Gender Persecution
"Now is the time to dust off the law books on the crime of gender persecution and bring justice to survivors and victims who have never in history received full recognition."
With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans
"These laws on their face may make superficial efforts to distinguish between persons of Chinese ancestry and the CCP, but they also equate all Chinese denizens with foreign agents,…
Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702
A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
Stewart Rhodes Should Get No Leniency For Leading Anti-Government Paramilitary Group
The Oath Keepers' record of taking up arms against the government shows why Stewart Rhodes' request for leniency in sentencing should be roundly rejected.