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
WASHINGTON, DC - JANUARY 07, 2021: Vice President Mike Pence and Speaker of the House Nancy Pelosi, D-Calif., stand after reading the final certification of Electoral College votes cast in the November 2020 presidential election during a joint session of Congress, after working through the night, at the Capitol on January 7, 2021 in Washington, DC. Congress reconvened to ratify President-elect Joe Biden's 306-232 Electoral College win over President Donald Trump, hours after a pro-Trump mob broke into the U.S. Capitol and disrupted proceedings. (Photo by J. Scott Applewhite - Pool/Getty Images)

Trump’s Next Presidential Coup Attempt Could Work

Flawed laws, enacted in 1845 and 1887, create a dangerous opportunity.
A man carries a banner during a demonstration at Ojota in Lagos on June 12, 2021, as Nigerian activists called for nationwide protests over what they criticise as bad governance and insecurity, as well as the recent ban of US social media platform Twitter by the government of President Muhammadu Buhari. - Hundreds of protesters gathered on June 12, 2021 in Lagos, a sprawling megapolis of over 20 million people, and police fired tear gas to disperse the crowd. (Photo by PIUS UTOMI EKPEI / AFP) (Photo by PIUS UTOMI EKPEI/AFP via Getty Images)

What Elon Musk Does Not Get about Twitter and Democracy in Africa

Deferring to local laws to determine the bounds of free speech on Twitter - and Musk has suggested doing - would jeopardize hard-won democratic freedoms in Africa.
Workers of El Universo newspaper march carrying a mock coffin in protest towards the government palace in Quito on February 17, 2012, after Ecuador's National Court of Justice (CNJ) confirmed a lower court ruling that sentenced three top El Universo executives and a former opinion page editor Emilio Palacio Urrutia to three years in prison. The lower court awarded President Rafael Correa $40 million in damages. (Photo by CAMILO PAREJA/AFP via Getty Images)

The Beginning of the End for Criminal Defamation in the Americas? The El Universo Case

The judgment strengthens media freedom by repudiating a historic legal tool to stifle dissent and flagging the need for legislative measures.
Workers of El Universo newspaper march carrying a mock coffin in protest towards the government palace in Quito on February 17, 2012, after Ecuador's National Court of Justice (CNJ) confirmed a lower court ruling that sentenced three top El Universo executives and a former opinion page editor Emilio Palacio Urrutia to three years in prison. The lower court awarded President Rafael Correa $40 million in damages. (Photo by CAMILO PAREJA/AFP via Getty Images)

¿El principio del fin de la difamación penal en las Américas? El caso de El Universo

El fallo del Tribunal es verdaderamente importante para la libertad de los medios de comunicación de la región.
US vehicle is pictured at a military base in Rumaylan (Rmeilan) in Syria's northeastern Hasakeh province on July 28, 2020. (Photo by Delil SOULEIMAN / AFP) (Photo by DELIL SOULEIMAN/AFP via Getty Images)

Still at War: The United States in Syria

It is time to reconsider U.S. strategic objectives in Syria and the legal basis for the use of force there.

Tunisia’s Democratic Backsliding and Economic Woes Illustrate the Limits of Transition

Transitional justice mechanisms confronted bad timing, political infighting, and demands for structural changes that drove the revolution.

‘The Hour These Hostilities Began’: Ukrainians Mobilize to Document War Crimes

A human rights defender says they need more help from other European countries as well as the EU and the Council of Europe.
A dark shadow strikes Steve Bannon across his face. An obscure figure stands behind him.

What Kind of Guilty Mind is Needed for the Criminal Contempt of Congress Statute?

An expert backgrounder on the Steve Bannon criminal case and the law of what prosecutors need to prove to get a conviction for contempt of Congress.
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy

"Sooner or later, the shoe will be on the other foot, as it was with Trump before Biden, and Obama before Trump. None of us should want to live in a country where a few states…
Hand holding cell phone. Cell phone screen shows Facebook feed, with post showing image of a fighter jet.

Виправте закон США про обмін цифровими доказами щоб забезпечити притягнення до відповідальності за звірства

"Величезна кількість потенційних доказів у вигляді фотографій та відео, завантажених українцями…
Hand holding cell phone. Cell phone screen shows Facebook feed, with post showing image of a fighter jet.

To Support Accountability for Atrocities, Fix U.S. Law on the Sharing of Digital Evidence

Reform is needed to update evidence-sharing laws for the social media age.

Opening Stages in UN Cybercrime Treaty Talks Reflect Human Rights Risks

The first session provided a valuable view into where States stand, what the convention may aim to achieve, and its political viability.
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