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
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.
How Congress Should Designate Russia a State Sponsor of Terrorism
A better approach would be for Congress to impose additional targeted sanctions on Russia, but not through the one-size-fits-all state sponsor of terrorism designation.
US Intervention in Ukraine v. Russia at the ICJ: A Q&A with Chimène Keitner
"The recent flurry of interventions shows that the ICJ proceeding continues to serve as a rallying point for Ukraine’s supporters."
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine
Discussing details for an international tribunal for aggression against Ukraine including outreach, victim participation, and more.
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part III)
Rules of procedure and evidence; how many to prosecute; rights of accused; double jeopardy (non bis in idem); amnesty; immunity; penalties.
Was DeSantis Shipping Migrants to Martha’s Vineyard a Crime?
"Our analysis may be a useful guide – for criminal investigators, press, potential whistleblowers or witnesses, the public and other stakeholders."
Аргументи щодо створення Спеціального трибуналу для переслідування злочину агресії, вчиненого щодо України
Частина ІІ: юрисдикція та структура
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part II)
Ця стаття також доступна українською мовою тут. [Editor’s Note: This article is part of a Just Security series, Prosecuting the Crime…
In ICC Investigation of 2008 Russia-Georgia War Crimes, Don’t Let Justice Delayed Become Justice Denied
Delivering justice at the ICC for the long-neglected victims of the 2008 Russia-Georgia war requires international community support.
European Court Tackles the Thorny Issue of Family Repatriation From Northeast Syria
Despite its shortcomings, the ECHR decision on repatriation of alleged IS family members from Syria marks an important turning point.