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
A young climate activist wears a mask as she with others take part in a demonstration.

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…
Liberian flag flies above a wall, against a gray sky

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 commander-in-chief of the Tigray rebel forces General Tadesse Worede (L), and the chief of staff of the Ethiopian Armed Forces Field Marshal Berhanu Jula (2nd L) sign during the signing ceremony of the declaration of the senior commanders meeting on the implementation of the Ethiopia permanent cessation of hostilities agreement between the government of Ethiopia and the Tigray People's Liberation Front (TPLF) in Nairobi on November 12, 2022.

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.
Large surveillance desk with someone watching a wall of monitors. (Photo: Getty Images)

UN Counterterrorism and Technology: What Role for Human Rights in Security?

A key UN committee opened its doors to civil society and experts, but the resulting Delhi Declaration contains little of that input thus far.
The Twitter account of Elon Musk is displayed on a smartphone with a Twitter logo in the background on November 21, 2022. (Photo by Nathan Stirk/Getty Images)

More Turbulence Ahead for Twitter as the EU’s Digital Services Act Tests Musk’s Vision

Much depends on how social media platforms interpret their obligations under the new regulation, and how EU authorities enforce it.
A photo illustration shows a man using the Indian news media company NDTV application on a mobile phone in New Delhi on August 24, 2022. An Indian billionaire close to Prime Minister Narendra Modi was trying to buy a broadcaster seen as the last major critical voice on television, stoking fears about media freedom in the world's largest democracy. (Photo by MONEY SHARMA/AFP via Getty Images)

Strengthening Press Freedom: New Media Principles for Commonwealth States

Law ministers from the 56 member countries decide this week whether to support strong protections -- and enforcement to carry them out.

Fighting Tunisia’s Rampant Corruption with Autocracy – Kais Saied’s Chimera

Three years since taking office as president, the pledges that legitimized his ascent have fallen far short as he moves to monopolize power.

Our Prosecution Memo Points the Way for the Special Counsel

Some people have argued against the need for, or timing of, the appointment of a special counsel in the federal investigations of former president Donald Trump. But we welcome…

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago

To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors
Video camera on tripod in front of US Department of Justice building

New DOJ Regulations Are a Victory for Press Freedom, But More Work Remains

"For the most part, journalists will be able to do their job – central to the functioning of democracy – without fear that the government will have access to their records.…

Is Colombia Trapped in “War Mode?” In Wake of Truth Commission, New Leftist Government Recalibrates US Ties

Strengthening rule of law and democracy will require re-engineering the joint policies of the US and Colombian governments.
The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Mar-a-Lago Model Prosecution Memo

"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,…
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