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.
2,863 Articles
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.
Poland’s Judicial Reform Falls Short of EU Expectations, Complicating Cooperation Against Russia
Pres. Duda’s failure to reverse course on actions that increase tensions and decrease solidarity in Europe weakens their alliance with the US.
The ECCC Begins Winding Down: In Cambodia, a Hybrid Tribunal’s Hybrid Legacy
Constrained by domestic politics and with its final verdict delivered, the ECCC's legacy – like its nature – is a hybrid one.
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part IV)
Discussing details for an international tribunal for aggression against Ukraine including outreach, victim participation, and more.