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

‘The Hour These Hostilities Began’: Ukrainians Mobilize to Document War Crimes

A human rights defender says they need more help from other European countries as well as the EU and the Council of Europe.
A dark shadow strikes Steve Bannon across his face. An obscure figure stands behind him.

What Kind of Guilty Mind is Needed for the Criminal Contempt of Congress Statute?

An expert backgrounder on the Steve Bannon criminal case and the law of what prosecutors need to prove to get a conviction for contempt of Congress.
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

The Supreme Court Should Stop Individual States From Dictating National Immigration Policy

"Sooner or later, the shoe will be on the other foot, as it was with Trump before Biden, and Obama before Trump. None of us should want to live in a country where a few states…
Hand holding cell phone. Cell phone screen shows Facebook feed, with post showing image of a fighter jet.

Виправте закон США про обмін цифровими доказами щоб забезпечити притягнення до відповідальності за звірства

"Величезна кількість потенційних доказів у вигляді фотографій та відео, завантажених українцями…
Hand holding cell phone. Cell phone screen shows Facebook feed, with post showing image of a fighter jet.

To Support Accountability for Atrocities, Fix U.S. Law on the Sharing of Digital Evidence

Reform is needed to update evidence-sharing laws for the social media age.

Opening Stages in UN Cybercrime Treaty Talks Reflect Human Rights Risks

The first session provided a valuable view into where States stand, what the convention may aim to achieve, and its political viability.

Як міжнародне правосуддя може досягти успіху в Україні та за її межами

"Ми пропонуємо три шляхи, за допомогою яких можна посилити зусилля щодо забезпечення відповідальності…

How International Justice Can Succeed in Ukraine and Beyond

A combination of innovative and long-overdue improvements could help ensure accountability for atrocities in this war and in so many others.
WASHINGTON, DC - APRIL 4: (L-R) Sen. Lindsey Graham (R-SC) talks with committee chairman Sen. Dick Durbin (D-IL) during a Senate Judiciary Committee business meeting to vote on Supreme Court nominee Judge Ketanji Brown Jackson on Capitol Hill, April 4, 2022 in Washington, DC. The committee voted 11-11 and Senate Majority Leader Chuck Schumer will use a procedural move to advance Jacksons nomination. A confirmation vote from the full Senate will come later this week. (Photo by Anna Moneymaker/Getty Images).

The Need for Urgency in Closing the War Crimes Act’s Loopholes

Given constitutional constraints on retroactive changes to criminal laws, every day Congress fails to act is another day it affords war criminals impunity.
WASHINGTON, DC - JANUARY 19: U.S. President Joe Biden talks to reporters during a news conference in the East Room of the White House on January 19, 2022 in Washington, DC. With his approval rating hovering around 42 percent, Biden is approaching the end of his first year in the Oval Office with inflation soaring, COVID-19 raging and his legislative agenda stalled on Capitol Hill.

Should We Worry that the President Called Putin a “War Criminal” Out Loud?

As clear as it is that information has become a central weapon in this war, and as much harm as some kinds of information can do, this statement may for be less worrisome than…

Mass Graves in Ukraine Should Be Treated as Crime Scenes – and Urgently Secured

"For future war crime investigations, it is important to treat these sites as crime scenes and take steps to protect and secure them."

Pressing US Officials on Russia and Int’l Criminal Court: The Interview We Should be Hearing

The U.S. position on the International Criminal Court has created confusion. Here are key facts for journalists who need to press Biden administration officials on the U.S. position…
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