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
The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.
Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it.
Persecuting the Prosecutors: Israel’s Military Lawyers Under Pressure
The weakening of the Military Advocate General affects the IDF's ability to carry out its missions lawfully, and the broader protection of the rule of law in Israel.
There Should Be a New ICC Prosecutor Regardless of the UN Report Outcome
The ICC’s legitimacy is under scrutiny, and every internal shortcoming becomes evidence for those who argue that international justice is politicized or hypocritical.
Soldiers in Robes: Why Military Lawyers Can Not and Should Not Serve as Immigration Judges
DOJ’s recent decision to appoint several military lawyers, or JAGs, to serve as immigration judges is not only against the law, but a bad idea.
Impunity by Design: Latin America’s Quiet Crisis of Accountability
Across Latin America, political elites are quietly passing laws that narrow definitions, shield allies, and block legal pathways to investigate corruption and organized crime.
Defending ‘Sanctuary’ Principles During the Chicago Crackdown
Local governments must exercise their constitutional power to cut off cooperation with federal authorities that undermine residents' rights.
Legal Progress Stalls for Northern Ireland Families
With pending court cases and legislative reforms, the coming months will show whether long-overdue justice will be served in Northern Ireland.
A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext
By enacting IEEPA, did Congress authorize the president to impose tariffs? If so does, is that delegation of authority lawful?
The Supreme Court: the Last Defense Against Trump’s Military Police State
The Supreme Court must not shirk its obligation to ensure that presidents cannot conscript the military in an effort to undermine democracy.
The ICJ’s Advisory Opinion on Israel’s Obligations Towards UNRWA and Other International Organizations in the Occupied Territories: Key Issues
Unpacking the International Court of Justice's advisory opinion on Israel's obligations towards the UN and others to provide humanitarian aid in the West Bank and Gaza.
Will Victims of Cyber Attacks Soon Get Their Day in Court? Options for Accountability for Cyber Attacks
More cyber litigation will appear on the docket as pathways to legal accountability for unlawful State-sponsored cyber operations strengthen.
When Deference is No Longer Due
Reasons for historical deference to the executive branch's judgement in matters of national security and foreign affairs have been severely undermined.