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

Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump

The New York Attorney General announced a monumental civil enforcement action against Trump and his associates today that could serve as the tipping point for other pending cases.…
A wide shot of the United Nations General Assembly hall.

Addressing Atrocity Crimes at the United Nations General Assembly’s 77th Session

As the United Nations (U.N.) General Assembly’s 77th annual session kicks off, atrocity crimes are being committed in many parts of the world. The U.N. Security Council, with…
Wide view of the United Nations General Assembly Hall

Аргументи щодо створення Міжнародного трибуналу для переслідування злочину агресії, вчиненого щодо України

Примітка редактора: ця стаття є частиною серії статей від Just Security, “Переслідування злочину агресії,…
Wide view of the United Nations General Assembly Hall

The Case for Creating an International Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part I)

Launching a new high-level series on an international criminal tribunal for Putin’s aggression against Ukraine and the role of the United Nations General Assembly.
A speaker in a white shirt addresses a crowd with a blue sky and clouds behind him. There is a sign that reads "5th Anniversary Rohingya Genocide Remembrance Day" and "Hope is Home"

Inching Forward but a Long Road Ahead to Achieve Justice for the Rohingya

Five years after the Myanmar military launched its clearance operation targeting the Rohingya in Rakhine State, the wheels of international justice continue slowly to turn. On…
A row of dark green tanks roll down the street during a military parade in Nicaragua. The sky is light blue with red flags above the tanks.

Human Rights Due Diligence: A Defense Industry Business Necessity

An upfront investment in such practices can not only improve human rights outcomes but also save companies substantial downstream costs.
An airplane flies over a line of national flags.

National Security Creep in Cross-Border Investments

There has been a recent bipartisan shift to frame economic issues—among many others—in national security terms.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

The Absence of Any Executive Privilege by a Former President For National Security Secrets

The landmark Supreme Court case that both sides point to — Nixon v. GSA — has an even more important lesson.
A man and a woman stand at a microphone, holding a sign that says "March for Our Lives" and a poster of their deceased child. Behind the couple, many protestors who also hold signs sit on the steps of the Texas Capitol building.

Ensuring Access to Courts for Gun Victims: The Case for Repealing PLCAA

Victims of gun violence have the right to a remedy according to U.S. and international human rights law. Congress should repeal PLCAA in order to dismantle the inordinate legal…
Haitians protesting high prices and shortages burn tires on a street of Port-au-Prince on July 13, 2022, as a motorcyclist rides by in front of shopfronts. Soaring prices, food and fuel shortages and rampant gang violence are accelerating a brutal downward spiral in the security situation in the Haitian capital Port au Prince, and threatening the humanitarian aid the increasingly desperate population relies on. (Photo by RICHARD PIERRIN/AFP via Getty Images)

As Haiti’s Henry Refuses Checks on Power, the US Should Aid Efforts to Build True Democracy

The Montana Accord would establish an inclusive transitional government that can rebuild damaged institutions and inspire Haitians’ trust.
Trump leaves the Manhattan Supreme Court where he serves on jury duty on August 17, 2015 in New York City. Reporters gather around him with cameras and microphones.

When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?

The Justice Department would be on strongest legal ground to indict former President Trump for MAL crimes in Washington, D.C., not Florida.

A Crisis of Justice for Afghan Victims of War

Afghan citizens are denied justice at every level - from domestic impunity for Taliban crimes to international impunity for abuses by coalition forces. A clarion call from the…
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