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
National Security Creep in Cross-Border Investments
There has been a recent bipartisan shift to frame economic issues—among many others—in national security terms.
The Absence of Any Executive Privilege by a Former President For National Security Secrets
The landmark Supreme Court case that both sides point to — Nixon v. GSA — has an even more important lesson.
Ensuring Access to Courts for Gun Victims: The Case for Repealing PLCAA
Victims of gun violence have the right to a remedy according to U.S. and international human rights law. Congress should repeal PLCAA in order to dismantle the inordinate legal…
As Haiti’s Henry Refuses Checks on Power, the US Should Aid Efforts to Build True Democracy
The Montana Accord would establish an inclusive transitional government that can rebuild damaged institutions and inspire Haitians’ trust.
When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?
The Justice Department would be on strongest legal ground to indict former President Trump for MAL crimes in Washington, D.C., not Florida.
A Crisis of Justice for Afghan Victims of War
Afghan citizens are denied justice at every level - from domestic impunity for Taliban crimes to international impunity for abuses by coalition forces. A clarion call from the…
The War in Ukraine and the Legitimacy of the International Criminal Court
Atrocities following the Russian invasion highlight the urgency of international justice - and underscore the need to fully and consistently fund the Court.
A Damage Assessment of Trump’s “Declassification Defense”
"It should be shocking to the American public and to jurors in a courtroom to hear such a line of defense to allegations of mishandling national defense information."
Rebooting Bosnia’s Constitutional Reform Process
A recent election law debacle calls for a major rethink of Western policy in Bosnia, rooted in genuine democratic principles.
Assessing Trump’s Claim of ‘Executive Privilege’ on FBI Access to MAL Docs
"In short, the notion that a former president can block his successor from accessing presidential records that the incumbent believes he needs for purposes of carrying out executive…
The Curious Case of Alvin Bragg — Reconsidering the DA’s Trump investigation
An expert analysis of how Manhattan' District Attorney Alvin Bragg may be playing a multi-level chess game in prosecution of Trump entities and associates.
Справедливість щодо злочину агресії сьогодні, стримування агресивних війн завтра: українська перспектива
«Відмова міжнародної спільноти навіть спробувати притягнути до відповідальності винних за агресію…