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.
2,973 Articles
Fourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
In Al Shimari, the Fourth Circuit affirmed two Alien Tort Statute claims: conspiracy to commit torture and conspiracy to commit cruel, inhuman, and degrading treatment.
The War on Anthropic: Pretextual Designation and Unlawful Punishment
The Trump administration’s salvo against Anthropic is invalidated by statutory limits, First Amendment freedoms, and the Constitution’s absolute bar against bills of attainder
How a Broadly Defined Counterterrorism Statute Could Be Abused
18 U.S.C. § 2339A doesn’t require proof of group membership or terrorist intent, and the policy framework around it outweighs any single verdict.
Confrontation in Court: How to Hold the Trump Administration Accountable for Violating Court Orders
Judge Schiltz’s orders in Tobay Robles v. Noem expose 96 ICE court-order violations in one month and show how forcing top officials to testify can restore the rule of law.
What Just Happened: Tariffs Are Gone and Then Back Again
The SCOTUS decision on Trump's tariffs, and the president’s subsequent reaction, leave many questions about tariff rates and what comes next.
FBI’s “Stand Down” Directive to NYPD on Jeffrey Epstein Investigations, and More
The most comprehensive timeline to date of the publicly available record on New York law enforcement authorities’ action and inaction with regard to Epstein, Ghislaine Maxwell…
Looking Forward: What Can Courts Do and When
Given international courts current role and relevant limitations in ending wars, how can courts play a more meaningful role in ending war, or in preventing a return to war?
Symposium: Is There a Role for International Courts in Ending Wars?
Judicial involvement in ongoing armed conflicts should be examined from multiple vantage points: courts, victims, parties to conflict, and broader goals of peace and security.
Courts in Wartime: A Level Playing Field for Peace
Although international courts have limits, they can do what few other peaceful dispute resolution mechanisms can when it comes to ending war.
Suspend Your Judgment? The Role of International Courts in Ending Wars
When international courts intervene in active wars, they must contend with how (and whether) they can contribute to ending wars and shape the post-war aftermath.
Alien-ating Asians in 21st-Century Land Laws
“Alien land laws” frame Asian land ownership as a national security threat despite minimal evidence, echoing the United States’ historical exclusionary policies.
When the Warning Bells Ring: Judicial Awareness in War
By heeding the warning bells and embracing a do‑no‑harm principle, international courts can denounce abuse while preserving the credibility of international justice.