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
The January 6th Hearings: Criminal Evidence Tracker Sixth Edition
The January 6th Select Committee’s sixth public hearing on Tuesday featured explosive testimony from Cassidy Hutchinson, an aide to Trump’s chief of staff Mark Meadows. She…
The Independent State Legislature Theory Should Horrify Supreme Court’s Originalists
With grant of cert in Moore v. Harper, the Supreme Court has teed up question of the independent state legislature theory, which "would have sweeping and dangerous implications…
Protecting the Freedom of Peaceful Assembly After Bruen: A Roadmap for State Lawmakers
Presence of firearms at "sensitive places" may implicate First Amendment rights of peaceful protesters, the fundamental right to vote, and the safety of lawmakers carrying out…
For US Independence Day, January 6th Hearings Reveal Authoritarianism’s Achilles Heel
Donald Trump’s failure to overturn the 2020 election wasn’t inevitable. It depended on individual decisions amid mass mobilization.
Meeting the Challenges of International Organizations’ New Threat Environment
Analysis of and recommendations for risk-mitigation planning, bolstering statutory immunity, international accountability, managing litigation & more.
Failing to Prosecute Trump Reflects – and Feeds – US Rule of Law Erosion
Prosecution of subordinates but not Trump, writes a former federal prosecutor, "threatens the idea of an impartial legal system."
Genocide Determinations and Ukraine: A Q&A with Fmr. Ambassador Todd Buchwald
Former U.S. Amb. for Global Criminal Justice explains the legal and policy considerations for determining a genocide has occurred (or is underway) and examines the potential consequences.
NSO v. WhatsApp: Should the Solicitor General Recommend Allowing Foreign Corporations to Claim Immunity?
"The best position for the Solicitor General to take on the immunity of corporations is the one the Ninth Circuit adopted: 'If an entity does not fall within the Act’s definition…
Israel’s West Bank Ordinance: The Latest Effort to Suppress Palestinian Civil Society
The new law will severely curtail academic, economic, and personal contacts between Palestinians and the world. It fits a larger pattern.
Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.
Beyond a “Hate Crime”: “Replacement” Rhetoric and the Genocide Worry
Judge Chile Eboe-Osuji, former President of the International Criminal Court, analyzes "replacement theory"-motivated killings through lens of international law on genocide.
Створення міжнародної спеціальної комісії для України
«Україна та її міжнародні партнери мають невідкладно домовитися про найкращий спосіб притягнути…