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
Amid the Russia-Ukraine War, a Dutch Court Prepares to Rule on Four Suspects in the 2014 Downing of Flight MH17
All 298 people aboard were killed when the Malaysian airliner, flying from Amsterdam, was shot down over Russian-controlled territory.
Roadmap to Accountability: How the Jan. 6 Committee Can Help Enforce the 14th Amendment
How current legal processes — across the states — provide for the enforcement of section 3 of the 14th Amendment.
The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants
The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.
Regarding Pathways of International Accountability for Violence Against Journalists
Former President of the International Criminal Court (2018-2021) on how international law might be used to combat the "impunity that all too often attends the cycle of violence…
The Law of Treaties in Wartime: The Case of the Black Sea Grain Initiative
The law of treaties can play a constructive role in stabilizing global crises in the face of the most difficult of circumstances: an armed conflict raging between two of the treaty’s…
Southeast Asia’s Leaders Should Work Toward a Freer Internet
Southeast Asia’s heads have begun to gather in Cambodia for a summit of the Association of Southeast Asian Nations (ASEAN), where they will also be joined by other world leaders…
Twitter, Elon, Ye, and the “Lex Platformia” – Emergent Rules for Governing Social Media
An emerging set of rules that apply to public expression on platforms hosting content could ensure that necessary democratic safeguards are securely in place.
Mr. Attorney General, It’s Too Late to Appoint A Special Counsel
An "Open Letter" to Attorney General Merrick Garland in the matter of United States v. Donald J. Trump.
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): On the Non-Applicability of Personal Immunities
The International Court of Justice (“ICJ”) is clear that personal immunities do not bar prosecution before certain international courts and tribunals.
The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance
Congress must step in to ensure individuals can fairly pursue redress for unlawful surveillance in Article III courts.
How Support to Partner Forces Enables Secret War
With security cooperation as a means of pursuing U.S. military objectives becoming more frequent, Department of Defense-led security cooperation, particularly under §§ 333, 127e,…
Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression
Political canvassers operate at the grassroots of participatory democracy. They are coming in droves this election cycle, flocking to homes in swing districts. Their door-knocking…