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
Ukraine's then-Prosecutor General Iryna Venediktova (C) gestures as she speaks to Prosecutor of the International Criminal Court, Britain's Karim Khan (R). They walk together in cold weather clothes, in a crowd of armed soldiers and fellow investigators, outside a church looming in the background. The Ukrainian prosecutor wears a ballcap with the Ukrainian flag on it. A soldier in the foreground holds a rifle pointed at the muddy ground. The image is from a visit to a mass grave on the grounds of the Church of Saint Andrew in Bucha, on the outskirts of Kyiv, on April 13, 2022, amid Russia's military invasion launched on Ukraine. (Photo by FADEL SENNA/AFP via Getty Images)

The War in Ukraine and the Legitimacy of the International Criminal Court

Atrocities following the Russian invasion highlight the urgency of international justice - and underscore the need to fully and consistently fund the Court.
The illustration depicts pages from the government's released version of the F.B.I. search warrant affidavit for former President Donald Trump's Mar-a-Lago estate. The pages contains black redactions that cover many portions of the affidavit. On the bottom right page, there is a signature by Judge Bruce E. Reinhart.

A Damage Assessment of Trump’s “Declassification Defense”

"It should be shocking to the American public and to jurors in a courtroom to hear such a line of defense to allegations of mishandling national defense information."

Rebooting Bosnia’s Constitutional Reform Process

A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
On left, a portrait of U.S. District Judge Aileen M. Cannon of the Southern District of Florida, who is considering former President Donald Trump's request to appoint a special master to review documents recovered from his Mar-a-Lago estate. On right, a photo of a male police officer wearing sunglasses and police uniform, standing next to two vehicles on August 9, 2022, in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs

"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…

The Curious Case of Alvin Bragg — Reconsidering the DA’s Trump investigation

An expert analysis of how Manhattan' District Attorney Alvin Bragg may be playing a multi-level chess game in prosecution of Trump entities and associates.
An elderly man pushes a cart in front of destroyed buildings leveled by Russian missile strikes in Kharkiv, Ukraine. Wrecked materials, as well as a car, surround the man.

Справедливість щодо злочину агресії сьогодні, стримування агресивних війн завтра: українська перспектива

«Відмова міжнародної спільноти навіть спробувати притягнути до відповідальності винних за агресію…
An elderly man pushes a cart in front of destroyed buildings leveled by Russian missile strikes in Kharkiv, Ukraine. Wrecked materials, as well as a car, surround the man.

Justice for the Crime of Aggression Today, Deterrence for the Aggressive Wars of Tomorrow: A Ukrainian Perspective

Accountability for the crime of aggression against Ukraine is necessary for both justice today and deterrence tomorrow.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump

The Justice Department’s current investigation of criminal efforts to overturn the results of the 2020 presidential election apparently is taking two paths. One investigative…
A photo of women holding up green bandanas as they protest for abortion rights before the Colombian Constitutional Court. The bandana in the foreground reads "Poder Elegir", or "[we] can choose." A woman smiles behind the bandana, out of focus.

How Latin America Could Inspire and Inform the US Fight for Reproductive Justice

After the reversal of Roe, activists offer lessons from Latin America on building a grassroots reproductive rights movement.
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
Secretary of State Mike Pompeo and MBS sit opposite each other in chairs in front of Saudi flag

Is MBS Entitled to Head of State Immunity?

A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Politics, Not Law, Is Key to Confiscating Russian Central Bank Assets

The political and legal complications of using such proceeds to compensate Ukraine aren't trivial, but neither are they insurmountable.
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