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.
2,854 Articles

A German Sentence of Life Imprisonment for Crimes Against Humanity – A Small Measure of Justice for Syria
Unpacking a landmark conviction for war crimes in Syria.

Big Tech Is Not Big Tobacco
In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation
Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…

Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation
After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.

There Is a Way to Close Guantanamo
An outline of steps to end the policy of law of war detention, close Guantanamo, and end one of the grimmest chapters of the endless war era.

Defending the Rule of Law Requires Ending Guantanamo Detention
After 20 years, continued Guantanamo detention is unjustifiable.

Paul Manafort’s Book Deal May Breach His Plea Agreement
Former lead prosecutor in Manafort's case analyzes the reported book deal and Manafort's plea agreement which expressly addressed such a situation.

With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom
Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…

The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico
Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."

How Stalling Tactics Could Still Constrain the January 6 Committee
Without a greater sense of urgency in the Jan. 6 investigation, it risks failing like every other effort to hold Trump accountable.

Exiled Journalists Need Support, Not Autocrat-Fueled Skepticism
Western donors, civil society, and media partners need to update their views of those who've fled repression.

Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss
U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.