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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2,932 Articles

A Presidential Appeal to the US and the EU for Bosnia’s Democratization

Željko Komšić, a member of Bosnia's presidency, calls for allies to press for an end to sectarianism rather than reinforcing it.
People with umbrellas in a line outside the Supreme Court

Oral Argument in Moore v. Harper and the Perils of Finding “Compromise” on the Independent State Legislature Theory

Unpacking the Supreme Court’s oral argument in Moore v. Harper – implications for democracy if the Justices arrive at a compromise position on the “Independent State Legislature”…

The Absolute Clarity of International Legal Practice’s Rejection of Immunity Before International Criminal Courts

Former President of the International Criminal Court addresses, in detail, a critical issue that’s emerged on whether (and how) Putin and other top leaders can be prosecuted.
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Just Security Experts Give Address at Int’l Criminal Court’s Assembly of State Parties Side Event

Our experts make the case for reforming the jurisdiction of the ICC to directly address the crime of aggression committed against Ukraine. 

The Government Was Right to Charge Seditious Conspiracy

Former senior Justice Department official and leading expert on militias assesses Justice Department's approach to seditious conspiracy cases following Oath Keepers verdict.
A tourist looking at portraits of victims of the Khmer Rouge regime

The Khmer Rouge Tribunal is Closing its Doors: Here’s What to Know About its Final Case

The ECCC’s final case, which is among the most substantial in the history of internationalized criminal law, carries important lessons.
A young climate activist wears a mask as she with others take part in a demonstration.

Watch This Space: Momentum Toward an International Crime of Ecocide

"[T]he proposal to criminalize mass damage to the environment is ... likely to influence the behavior of government and corporate decision-makers in positive ways. In light of…
Liberian flag flies above a wall, against a gray sky

New Suit Against Liberia at ECOWAS Court of Justice Seeks Accountability for Civil War-Era Massacre

"We have asked the ECOWAS Court to order that Liberia fulfill its obligations in support of ongoing accountability efforts -- which, advocates agree, should include the establishment…
The commander-in-chief of the Tigray rebel forces General Tadesse Worede (L), and the chief of staff of the Ethiopian Armed Forces Field Marshal Berhanu Jula (2nd L) sign during the signing ceremony of the declaration of the senior commanders meeting on the implementation of the Ethiopia permanent cessation of hostilities agreement between the government of Ethiopia and the Tigray People's Liberation Front (TPLF) in Nairobi on November 12, 2022.

The Ethiopia-Tigray Permanent Cessation of Hostilities Agreement and the Question of Accountability for International Crimes

Any hope of holding perpetrators accountable for serious crimes in the Tigray conflict lies in the AU, a responsibility it should not shirk.
Large surveillance desk with someone watching a wall of monitors. (Photo: Getty Images)

UN Counterterrorism and Technology: What Role for Human Rights in Security?

A key UN committee opened its doors to civil society and experts, but the resulting Delhi Declaration contains little of that input thus far.
The Twitter account of Elon Musk is displayed on a smartphone with a Twitter logo in the background on November 21, 2022. (Photo by Nathan Stirk/Getty Images)

More Turbulence Ahead for Twitter as the EU’s Digital Services Act Tests Musk’s Vision

Much depends on how social media platforms interpret their obligations under the new regulation, and how EU authorities enforce it.
A photo illustration shows a man using the Indian news media company NDTV application on a mobile phone in New Delhi on August 24, 2022. An Indian billionaire close to Prime Minister Narendra Modi was trying to buy a broadcaster seen as the last major critical voice on television, stoking fears about media freedom in the world's largest democracy. (Photo by MONEY SHARMA/AFP via Getty Images)

Strengthening Press Freedom: New Media Principles for Commonwealth States

Law ministers from the 56 member countries decide this week whether to support strong protections -- and enforcement to carry them out.
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