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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2,932 Articles
An elderly man pushes a cart in front of destroyed buildings leveled by Russian missile strikes in Kharkiv, Ukraine. Wrecked materials, as well as a car, surround the man.

Justice for the Crime of Aggression Today, Deterrence for the Aggressive Wars of Tomorrow: A Ukrainian Perspective

Accountability for the crime of aggression against Ukraine is necessary for both justice today and deterrence tomorrow.
Members of the National Guard, holding shields, form a line during the night of January 6. Behind them is the Capitol building.

Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump

The Justice Department’s current investigation of criminal efforts to overturn the results of the 2020 presidential election apparently is taking two paths. One investigative…
A photo of women holding up green bandanas as they protest for abortion rights before the Colombian Constitutional Court. The bandana in the foreground reads "Poder Elegir", or "[we] can choose." A woman smiles behind the bandana, out of focus.

How Latin America Could Inspire and Inform the US Fight for Reproductive Justice

After the reversal of Roe, activists offer lessons from Latin America on building a grassroots reproductive rights movement.
Donald Trump and Kash Patel sit across from one another in a hall below a chandelier.

Trump Associate’s Stated Plan to Publicly Release “Declassified” Documents

New revelations "could have significant legal implications for the Justice Department’s ongoing criminal investigation."
Secretary of State Mike Pompeo and MBS sit opposite each other in chairs in front of Saudi flag

Is MBS Entitled to Head of State Immunity?

A leading transnational law scholar on why MBS is not entitled to head of state immunity, the act of state doctrine does not bar claims in a civil suit arising from Khashoggi's…
A view of the Russian Central Bank headquarters in downtown Moscow on May 26, 2022. (Photo by NATALIA KOLESNIKOVA/AFP via Getty Images)

Politics, Not Law, Is Key to Confiscating Russian Central Bank Assets

The political and legal complications of using such proceeds to compensate Ukraine aren't trivial, but neither are they insurmountable.
A local law enforcement official on a bike drives past the entrance to Mar-A Lago. Palm trees surround the area.

Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation

Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
Pile of stickers with text "I Voted" and US flag image

Independent State Legislatures and Presidential Elections: Addressing Misconceptions About Current Law and Prospects for Reform

An expert explainer of the independent state legislature theory, the Electoral Count Act and proposals for reform, and the relationship -- and differences -- between the two.
Former director of CIA and former commander of U.S. Forces in Afghanistan Gen. David Petraeus gives a speech in front of a federal courthouse. News microphones surround him.

Lessons from Petraeus’s Guilty Plea for Trump’s Classified Docs Investigation

In the retired general's case, the FBI executed a search warrant at his home and seized notebooks allegedly containing classified material.
A photo of a white male police officer wearing sunglasses and police uniform, standing next to two vehicles in front of the ornate tan and gold gates of Mar-a-Lago, with an American flag flying to the left of the gates. Palm trees wave in the background against a stormy sky.

Expert Backgrounder: Criminal Statutes that Could Apply to Trump’s Retention of Government Documents

The DOJ obtained a search warrant for Mar-a-Lago. What underlying crimes might have justified the search? Experts survey the possibilities.
Ian James Mwai (R), 23, browses social media platforms on his mobile phone with a member of his outfit of social media influencers at an office in Thika town, central Kenya on April 26, 2022. He was in the vanguard of the growing ranks of influencers feverishly punching keyboards and hoping to tilt the outcome of the country's high-stakes elections, being conducted today, Aug. 9. The rising dominance of apps like Twitter and Facebook has opened a new front in Kenyan politics, with candidates desperate to draw the attention of the country's 12 million social media users.

Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta

Governments should recognize that pulling the plug on the internet – or on an entire social media platform – is not a viable solution to the spread of hate speech or misinformation…
Members of the DC National Guard are deployed outside of the US Capitol in Washington DC on January 6, 2021. - Donald Trump's supporters stormed a session of Congress held today, January 6, to certify Joe Biden's election win, triggering unprecedented chaos and violence at the heart of American democracy and accusations the president was attempting a coup.

The Biden Administration’s Senseless Opposition to Congress’s Effort to Prevent Abusive National Guard Deployments

Section 516 of the NDAA is a commonsense reform that would prevent a president from borrowing the National Guard of a political ally to use it as a domestic police force in an…
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