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
The Legal Authority to Create a Special Tribunal to Try the Crime of Aggression Upon the Request of the UN General Assembly
President Zelenskyy opposes a “hybrid” tribunal to try the crime of aggression—but can the U.N. create a court without Security Council support?
Montana is Trying to Ban TikTok. What Does the First Amendment Have to Say?
The current debate's failure to engage a complex reality serves neither the interests of national security nor freedom of expression.
Freedom of Expression and Media Freedom as a Driver for All Human Rights
Freedom of expression is protected in international law, because, without it, democracy and the rule of law wither away. A free press is a vital aspect.
Expert Q&A on What International Law Has to Say About Assistance to Russia’s War Against Ukraine
What international law has to say about other States’ assistance to Russia’s war efforts
Tracker: Litigation and Legislation on the “Insurrection Bar” to Office – Section 3 of the Fourteenth Amendment
A comprehensive database of efforts to bar from public office individuals who engaged in the January 6th insurrection.
Надання юрисдикції та ордери МКС на арешт Путіна та Львової-Бєлової
"The theory of 'collective conferral' [of ICC jurisdiction] is supported by examining the situation of other international organizations and the practice of States."
Conferred Jurisdiction and the ICC’s Putin and Lvova-Belova Warrants
"The theory of 'collective conferral' [of ICC jurisdiction] is supported by examining the situation of other international organizations and the practice of States."
The Just Security Podcast: Supreme Court Ethics 101
To help us understand judicial ethics and what can be done to keep the Justices accountable, we have Caroline Fredrickson and Alan Neff.
If Dianne Feinstein Were President
Tracking the rules pertaining to a disabled president, there should be a formal procedure allowing a senator to temporarily step aside.
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…