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

The Just Security Podcast: The Conclusion of the January 6th Committee
After nearly a year and a half of hearings and interviews the January 6th Committee is wrapping up its work. It held its final hearing on Monday, will issue its final report Thursday,…

How Jan. 6th Committee’s Revelations of Interference in Their Investigation Can Enable the Special Counsel
The kind of new evidence that can aid Special Counsel Jack Smith's investigations of January 6th and Mar-a-Lago.

Dutch Court, in Life Sentences: Russia Had “Overall Control” of Forces in Eastern Ukraine Downing of Flight MH17
The finding was part of the guilty verdicts against 3 commanders of Russian-backed forces in the 2014 shootdown of the civilian airliner.

Shireen Abu Akleh’s Killing Raises Questions about U.S. Security Assistance to Israel
U.S. officials should ensure the Leahy laws are applied consistently to all countries, including Israel.

Missed Opportunities and Minor Progress: The FY 2023 National Defense Bill and War Powers
One big disappointing omission and otherwise a mixed bag from the standpoint of winding down the United States’ forever wars -- despite leaders of both parties having proclaimed…

Prosecuting the Fake Electors: Wisconsin Case Study and Template for Other States
The missing state and local criminal investigations of 2020’s "false slates of electors." A model for potential criminal prosecutions under Wisconsin state law.

A Presidential Appeal to the US and the EU for Bosnia’s Democratization
Željko Komšić, a member of Bosnia's presidency, calls for allies to press for an end to sectarianism rather than reinforcing it.

Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory
Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…

The Absolute Clarity of International Legal Practice’s Rejection of Immunity Before International Criminal Courts
Former President of the International Criminal Court addresses, in detail, a critical issue that’s emerged on whether (and how) Putin and other top leaders can be prosecuted.

Just Security Experts Give Address at Int’l Criminal Court’s Assembly of State Parties Side Event
Our experts make the case for reforming the jurisdiction of the ICC to directly address the crime of aggression committed against Ukraine.

The Government Was Right to Charge Seditious Conspiracy
Former senior Justice Department official and leading expert on militias assesses Justice Department's approach to seditious conspiracy cases following Oath Keepers verdict.

The Khmer Rouge Tribunal is Closing its Doors: Here’s What to Know About its Final Case
The ECCC’s final case, which is among the most substantial in the history of internationalized criminal law, carries important lessons.