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.
2,863 Articles
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.
Watch This Space: Momentum Toward an International Crime of Ecocide
"[T]he proposal to criminalize mass damage to the environment is ... likely to influence the behavior of government and corporate decision-makers in positive ways. In light of…
New Suit Against Liberia at ECOWAS Court of Justice Seeks Accountability for Civil War-Era Massacre
"We have asked the ECOWAS Court to order that Liberia fulfill its obligations in support of ongoing accountability efforts -- which, advocates agree, should include the establishment…
The Ethiopia-Tigray Permanent Cessation of Hostilities Agreement and the Question of Accountability for International Crimes
Any hope of holding perpetrators accountable for serious crimes in the Tigray conflict lies in the AU, a responsibility it should not shirk.