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
Turkish President Recep Tayyip Erdogan stands behind a podium as he addresses the parliament to mark the opening of the new legislative year, in the stark white hall of the Grand National Assembly of Turkey in Ankara, on October 1, 2022. Erdogan warned that Turkey would not ratify the NATO membership bids of Sweden and Finland until the two Nordic countries "kept" promises they had made to Ankara. (Photo by ADEM ALTAN/AFP via Getty Images)

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.
A person stands at a voting poll.

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…
Indian Dalit rights activists, intellectuals, and journalists shout slogans against the police raid and illegal arrest of human right activists under the Unlawful Activities Prevention Act (UAPA) during a protest in New Delhi on August 29, 2018. A yellow banner reads, "Citizens protest against the police raids and illegal arrest of human rights activists." Indian police had arrested prominent lawyers and left-wing activists on August 28 for alleged links to Maoist rebels, drawing a rebuke from rights watchdogs who labelled the raids a "massive crackdown" on government critics. (Photo credit should read PRAKASH SINGH/AFP via Getty Images)

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.
A woman walks past a damaged building in Lyman, Donetsk region.

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."
Wide shot of the United Nations general assembly hall.

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.
Illuminated building at night, with lit Christmas tree in front and wrought-iron gate

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."
Kyaw Moe Tun (left), new Permanent Representative of the Republic of the Union of Myanmar to the United Nations, pays a courtesy call to Secretary-General António Guterres.

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.
Cambodian survivor of the infamous Tuol Sleng prison Chum Mey speaks to the media after the verdict to uphold the genocide and life sentence of ex-Khmer Rouge head of state Khieu Samphan at the Extraordinary Chamber in the Courts of Cambodia (ECCC) in Phnom Penh on September 22, 2022.

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…
Rows of American flags in front of the U.S. Capitol building.

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.
Woman in blue dress at podium with White House seal, American flags and zoom with many participants behind her

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.
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