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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2,863 Articles
People collect cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute

Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.
About eight people stand to one side of a memorial with flowers, balloons, and chalk names.

Beyond a “Hate Crime”: “Replacement” Rhetoric and the Genocide Worry

Judge Chile Eboe-Osuji, former President of the International Criminal Court, analyzes "replacement theory"-motivated killings through lens of international law on genocide.
Ukrainian President Volodymyr Zelensky, sitting before Ukrainian national flags, addresses a press conference with international media in an underground metro station in Kyiv.

Створення міжнародної спеціальної комісії для України

«Україна та її міжнародні партнери мають невідкладно домовитися про найкращий спосіб притягнути…
Ukrainian President Volodymyr Zelensky, sitting before Ukrainian national flags, addresses a press conference with international media in an underground metro station in Kyiv.

Launching an International Claims Commission for Ukraine

Legal experts of a new group advising government of Ukraine explain President Zelenskyy's new initiative to forge an international treaty to create a Fund from Russian assets and…
Two students and a teacher work together in classroom with USA flags

Plyler’s Promise

"Plyler and its protections have allowed generations to make claim to an alternate vision of America: one more diverse, inclusive, and equal."
Supreme Court Building

Supreme Court Should Address Prior Restraints on Former Gov’t Employees

U.S. intelligence agencies prohibit millions of former public servants from speaking or writing about government policy without first obtaining the government’s approval - based…
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 Iraq

There are both benefits and risks to maintaining a U.S. military presence in Iraq.
Woman looking at cell phone with information on Abortion Pill (RU-486) for unintended pregnancy.

With Roe v. Wade at Risk, Digital Surveillance Threatens Reproductive Freedom

If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.

Surveying Evidence of How Trump’s Actions Activated Jan. 6 Rioters

A triangulation of evidence that extremists treated then-President Trump's words as instructions for the events on Jan. 6.
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.
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