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.

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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.
TOPSHOT - An art mural of slain US-Palestinian correspondent Shireen Abu Akleh is pictured at a section of Israel's separation fence between Jerusalem and the city of Bethlehem in the occupied West Bank on December 6, 2022. - The United States said today it opposed Al Jazeera taking the killing of Palestinian-American reporter Shireen Abu Akleh to the International Criminal Court, renewing objections to investigations involving Israel. Al Jazeera submitted the case of slain journalist Shireen Abu Akleh to the International Criminal Court, saying the veteran reporter was deliberately killed by Israeli forces. (Photo by AHMAD GHARABLI / AFP) (Photo by AHMAD GHARABLI/AFP via Getty Images)

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.
U.S. Soldiers of the 663rd Ordnance Company, 242nd Ordnance Battalion, drive military vehicles to the explosives range at Al Asad Air Base, Iraq, Nov. 29, 2019. The Explosive Ordnance Disposal Soldiers utilize these ranges to provide controlled disposal of explosive Ordnance. The Coalition is in Iraq by invitation of, and operates in close coordination with, the Government of Iraq. (U.S. Army photo by Spc. Derek Mustard)

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.
People with umbrellas in a line outside the Supreme Court

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.
Delegates at ASP Side Event

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.
A tourist looking at portraits of victims of the Khmer Rouge regime

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.
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