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

Fighting Tunisia’s Rampant Corruption with Autocracy – Kais Saied’s Chimera

Three years since taking office as president, the pledges that legitimized his ascent have fallen far short as he moves to monopolize power.

Our Prosecution Memo Points the Way for the Special Counsel

Some people have argued against the need for, or timing of, the appointment of a special counsel in the federal investigations of former president Donald Trump. But we welcome…

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago

To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors
Video camera on tripod in front of US Department of Justice building

New DOJ Regulations Are a Victory for Press Freedom, But More Work Remains

"For the most part, journalists will be able to do their job – central to the functioning of democracy – without fear that the government will have access to their records.…

Is Colombia Trapped in “War Mode?” In Wake of Truth Commission, New Leftist Government Recalibrates US Ties

Strengthening rule of law and democracy will require re-engineering the joint policies of the US and Colombian governments.
The large gray Department of Justice building with a clear blue sky in the background. The drooped flag outside the building indicates a windless time of day. Photo credit: Coolcaesar from Wikimedia Commons

Mar-a-Lago Model Prosecution Memo

"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…

Amid the Russia-Ukraine War, a Dutch Court Prepares to Rule on Four Suspects in the 2014 Downing of Flight MH17

All 298 people aboard were killed when the Malaysian airliner, flying from Amsterdam, was shot down over Russian-controlled territory.
Pro-Trump protestors, with torn American flags, gather in front of the U.S. Capitol Building.

Roadmap to Accountability: How the Jan. 6 Committee Can Help Enforce the 14th Amendment

How current legal processes — across the states — provide for the enforcement of section 3 of the 14th Amendment.
American flag behind barbed wire

The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants

The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.
Torso shot of person in red jacket and PRESS vest, with camera. Shattered glass in foreground.

Regarding Pathways of International Accountability for Violence Against Journalists

Former President of the International Criminal Court (2018-2021) on how international law might be used to combat the "impunity that all too often attends the cycle of violence…
The Liberia flagged bulk carrier Asl Tia en-route to China transits the Bosphorus carrying 39,000 metric tons of sunflower meal from Ukraine after being held at the entrance of the Bosphorus due to Russia pulling out of the Black Sea Grain agreement on November 02, 2022

The Law of Treaties in Wartime: The Case of the Black Sea Grain Initiative

The law of treaties can play a constructive role in stabilizing global crises in the face of the most difficult of circumstances: an armed conflict raging between two of the treaty’s…
Protesters wave red National League For Democracy (NLD) flags and raise three-finger salutes on February 09, 2021 in Yangon.

Southeast Asia’s Leaders Should Work Toward a Freer Internet

Southeast Asia’s heads have begun to gather in Cambodia for a summit of the Association of Southeast Asian Nations (ASEAN), where they will also be joined by other world leaders…
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