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.
2,932 Articles
Twitter, Elon, Ye, and the “Lex Platformia” – Emergent Rules for Governing Social Media
An emerging set of rules that apply to public expression on platforms hosting content could ensure that necessary democratic safeguards are securely in place.
Mr. Attorney General, It’s Too Late to Appoint A Special Counsel
An "Open Letter" to Attorney General Merrick Garland in the matter of United States v. Donald J. Trump.
The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): On the Non-Applicability of Personal Immunities
The International Court of Justice (“ICJ”) is clear that personal immunities do not bar prosecution before certain international courts and tribunals.
The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance
Congress must step in to ensure individuals can fairly pursue redress for unlawful surveillance in Article III courts.
How Support to Partner Forces Enables Secret War
With security cooperation as a means of pursuing U.S. military objectives becoming more frequent, Department of Defense-led security cooperation, particularly under §§ 333, 127e,…
Canvassing Deserts: When Obstacles to Reaching Urban Voters Become Voter Suppression
Political canvassers operate at the grassroots of participatory democracy. They are coming in droves this election cycle, flocking to homes in swing districts. Their door-knocking…
Turkey’s Erdoğan Deploys Sweden and Finland’s NATO Membership Bids to Further His Repression
Any accession deal must ensure the potential newest members don’t flout the rule of law that helps underpin the strength of the alliance.
As Moore v. Harper Takes Shape, a Broad Coalition Takes Aim at the Independent State Legislature Theory
"In this hugely consequential case, in a highly polarized environment, experts of all stripes and partisan affiliations have now weighed in with roughly the same answer: Giving…
India’s Abuses at Home Raise Concerns About Its Global Counterterrorism Role
It is hosting a special meeting of the UN Security Council’s Counter-Terrorism Committee, which it chairs, even amid internal repression.
Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
Democracy at Risk: Are The Florida Election Police Violating the Law?
This is an important test case for American democracy in the newfound battles over voter suppression."
Forging a Cooperative Relationship Between International Criminal Court and a Special Tribunal for Aggression Against Ukraine
Cooperation between the ICC and a potential STCoA is possible and both courts could achieve their missions to promote accountability.