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.
2,869 Articles
International Law at the Precipice: Holding Leaders Accountable for the Crime of Aggression in Russia’s War Against Ukraine
The Special Tribunal for the Crime of Aggression against Ukraine cannot be treated as a bargaining chip in negotiations to end hostilities.
How March 31 Military Flight of Venezuelan Nationals to El Salvador Most Likely Violated Court Order
It may all come down to "acting in concert or participation with."
Justice Department Fails to Address Central Point in VOA Case
A federal judge halted the shutdown of VOA, citing violations of administrative law and congressional authority, not press freedom.
Deportation to CECOT: The Constitutional Prohibition on Punishment Without Charge or Trial
Sending migrants to El Salvador’s CECOT prison raises grave constitutional concerns under the Fifth and Sixth Amendments.
Judging Deprivation – Humanitarian Aid in Gaza Before Israel’s Supreme Court and Beyond
A recent decision from Israel's Supreme Court exposes some of the underlying tensions and inadequacies within international humanitarian law in countering conflict-induced civilian…
The Fox TV Problem with Deporting International Students
The SCOTUS decision in FCC v. Fox TV emphasized fair notice, a bedrock requirement of due process that could shield students from removal.
Three Ways Abrego Garcia’s Rights Violated — Two of Which the Government Admits
"Abrego Garcia’s case isn’t about his alleged gang membership. It’s about the rule of law, and whether it will hold."
Birthright Citizenship and DOJ’s Misuse of History in Its Appellate Briefs
Although the DOJ's briefs in birthright citizen cases might initially seem well-supported, a close look reveals that it is grasping at straws.
The New Transparency Rules and the El Salvador Detention Agreement
A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained
The Immigration Registration Trap Goes Live
When a court finally addresses the merits of the rule, there are strong procedural and substantive grounds to challenge its implementation.
What Just Happened: The Trump Administration Repealed Zero Tolerance Policy for Rogue Gun Dealers
The Trump administration's repeal of a zero tolerance policy for rogue gun dealers will threaten US public safety and relations with Mexico.
States in the Vanguard: Social Media Policy Today
The states have stepped up to regulate consumer-facing online services where the federal government has been utterly silent. But the tech companies are not sitting idly by.