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

Turkey’s Erdoğan Deploys Sweden and Finland’s NATO Membership Bids to Further His Repression
Any accession deal must ensure the potential newest members don’t flout the rule of law that helps underpin the strength of the alliance.

As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory
"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…

India’s Abuses at Home Raise Concerns About Its Global Counterterrorism Role
It is hosting a special meeting of the UN Security Council’s Counter-Terrorism Committee, which it chairs, even amid internal repression.

Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."

Democracy at Risk: Are The Florida Election Police Violating the Law?
This is an important test case for American democracy in the newfound battles over voter suppression."

Forging a Cooperative Relationship Between International Criminal Court and a Special Tribunal for Aggression Against Ukraine
Cooperation between the ICC and a potential STCoA is possible and both courts could achieve their missions to promote accountability.

The International Court of Justice: A Bright Light in Dark Times
"When diplomacy has failed and arms are again resorted to, international law remains the last possible language between States."

Democracies Must Stop Playing Games with Myanmar’s Representation at the United Nations
Member States that believe in human rights must take the necessary steps to give the Burmese people a voice at the United Nations.

The Politics of the ECCC: Lessons from Cambodia’s Unique and Troubled Accountability Effort
"For all its problems and shortfalls, the ECCC has managed to sentence a head of state for genocide. In a region where authoritarianism is on the rise, the significance of this…

The News Media’s “Democracy Beats” Won’t Beat Back Autocracy
To protect democracy, the press must do more than punish stories. It needs to collaborate, support unions, litigate, and improve diversity.

On Indigenous Peoples’ Day, Reflections on Tribal Sovereignty in Haaland v. Brackeen
"As Indigenous people and allies celebrate and reflect, it is equally imperative to understand and champion both historical and contemporary issues – and to understand the ways…

US Reinvests in Ethnic Oligarchy in Bosnia, Abandoning Support for Integration
President Biden and Secretary of State Blinken, together with allies, should rethink Western Balkans policy based on first principles.