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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WASHINGTON, DC - JANUARY 19: U.S. President Joe Biden talks to reporters during a news conference in the East Room of the White House on January 19, 2022 in Washington, DC. With his approval rating hovering around 42 percent, Biden is approaching the end of his first year in the Oval Office with inflation soaring, COVID-19 raging and his legislative agenda stalled on Capitol Hill.

Should We Worry that the President Called Putin a “War Criminal” Out Loud?

As clear as it is that information has become a central weapon in this war, and as much harm as some kinds of information can do, this statement may for be less worrisome than…

Mass Graves in Ukraine Should Be Treated as Crime Scenes – and Urgently Secured

"For future war crime investigations, it is important to treat these sites as crime scenes and take steps to protect and secure them."

Pressing US Officials on Russia and Int’l Criminal Court: The Interview We Should be Hearing

The U.S. position on the International Criminal Court has created confusion. Here are key facts for journalists who need to press Biden administration officials on the U.S. position…

Масові поховання в Україні слід розглядати як місце скоєння злочину – і терміново убезпечувати

"Для майбутніх розслідувань воєнних злочинів важливо розглядати такі місця як місця скоєння злочинів…

Reclaim the First Amendment — Harvard Law Review Address

Remarks from Jameel Jaffer, Just Security Executive Editor and Executive Director of the Knight First Amendment Institute at Columbia University.
Image: A Sudanese protester carries makeshift scales during a protest asking for the extradition of ousted former president Omar al-Bashir to the International Criminal Court in the capital Khartoum on September 19, 2019. (Photo by ASHRAF SHAZLY/AFP via Getty Images)

Why the ICC’s First Trial on Darfur is About More Than Securing Justice

Ali Kushayb's trial opens as the military reasserts its control over Sudan. Justice - and peace - will require holding perpetrators accountable, even those who are currently in…

Complicity in a War of Aggression: Private Individuals’ Criminal Responsibility

How criminal liability could extend to Wagner Group senior executives and other “private” actors in Russia’s aggression against Ukraine.
Image: The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings (by video link) on the preliminary objections raised by Myanmar in the case concerning “Application of the Convention on the Prevention and Punishment of the Crime of Genocide” (The Gambia v. Myanmar) at the Peace Palace in The Hague, from 21 to 28 February 2022. Sessions are held under the presidency of Judge Joan E. Donoghue, President of the Court. A wide view of the members of the Court on the opening day, including Ko Ko Hlaing, the representative of Myanmar's military junta, on the opening day of the hearings. Feb. 21, 2022. UN Photo/Frank van Beek

The People of Myanmar Need to Be Heard, Not Ostracized, on the International Stage

So far, U.N. bodies have boosted the legitimacy of the Myanmar junta (at the ICJ) or denied the Burmese people the right to be represented at all (at the Human Rights Council).…
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)

Introduction to Symposium: Still at War – Where and Why the United States is Fighting the “War on Terror”

As the "war on terror" enters a third decade, it is time to reevaluate the aims and utility of relying on military force around the globe.
Altar with signs and candles on stairs

López Obrador’s Last Chance to Protect Mexico’s Press

In Mexico, journalists call for meaningful reform to address the epidemic of deadly violence against the press.

Amid New Trial, End of Chinese Espionage “Initiative” Brings Little Relief to US Academics Caught in Net of Fear

Chemistry Professor Franklin Tao faces fraud prosecution in just one example of the many important issues that remain unresolved,

Litigating Aggression Backwards

"Litigating aggression backwards may 'work' in the sense of obtaining favorable judgments, but it can also create subtle distortions over what is at stake that are only likely…
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