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.
2,932 Articles
Just Security Podcast: Spies, Balloons, and International Law
What does international law say about spying? To answer that question we have Asaf Lubin, an expert on international law and espionage.
The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches
There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
Rehabilitation for Torture at Guantanamo is a Moral and Legal Imperative
To be an effective leader, the United States must honor its commitments under the Convention Against Torture.
Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation
Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…
Насильницьке переміщення Росією українських цивільних осіб: Громадянське суспільство, підзвітність, справедливість
Ці спільні зусилля є практичним проявом єдності та солідарності міжнародної спільноти, спрямованої…
Russia’s Forcible Transfers of Ukrainian Civilians: How Civil Society Aids Accountability and Justice
A Ukrainian whose organization received the Nobel Peace Prize writes with an exiled Russian democracy activist and a US legal-rights advocate on the challenge of documenting these…
Can Aid or Assistance Be a Use of Force?: Expert Q&A from Stockton Center’s Russia-Ukraine Conference
Some States are likely engaging in force by virtue of the quantity and quality of the support they are providing to Ukraine. Those activities are lawful as actions taken in the…
Dutch Court, Applying IHL, Delivers Civil Judgment for Victims of 2007 Afghanistan Attack
"Ideally, a judgment like that in the Chora case can provide, in addition to justice for the plaintiffs, a constructive effect towards a better functioning of the military consistent…
Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
On Thursday, the DC Circuit Court of Appeals held a hearing on whether Rep. Scott Perry (R-Penn.) is protected by the Speech or Debate Clause from the Jan. 6 criminal investigation....
The Ecocide Wave is Already Here: National Momentum and the Value of a Model Law
A "Model Law" addressing ecocide and other environmental crimes could help heighten the stigma against grave environmental harms.
A Pragmatic Legal Approach to End Russia’s Aggression
Founding Prosecutor of International Criminal Court writes about how the Court can be used to help in negotiating an end to the Ukraine war.
The Limited Scope of Vice President Pence’s Speech or Debate Clause Immunity
Pence's protection under the Speech and Debate Clause won't protect him from a subpoena to testify before the Special Counsel's grand jury.