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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The outside relief at the National Archives in Washington DC.

Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”

A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.

Sep. 30, 2021 Ryan Goodman, Christine Berger and 1 more

Malian Muslim militant Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud attends his trial at the International Criminal Court (ICC) in The Hague, The Netherlands, on July 8, 2019.

Expanding Justice for Gender-Based Crimes with a Treaty on Crimes Against Humanity

Such a legal framework could be transformative for so many who have been left out or on the margins of existing mechanisms, including women.

Sep. 29, 2021 Akila Radhakrishnan and Danielle Hites

A Bosnian Muslim signs a book in a makeshift memorial for Bosnian Muslim victims on November 22, 2017 in The Hague, The Netherlands. Photographs dangle on strings at the memorial.

The Relay Race of Defining Crimes Against Humanity – From the International Tribunals to the Draft Articles

At times the baton was dropped; at other times, drafters successfully overcame the hurdles in the process, as with the ICC Statute.

Sep. 27, 2021 Ana Cristina Rodríguez Pineda

Three people check Facebook over tea and food at a teashop in Yangon, Myanmar.

Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide

Implications for future investigations and more...

Sep. 24, 2021 Alexa Koenig

Funeral workers carry a body bag containing the remains of Arvin Arbuis through a grave site. A procession of people follow.

ICC Investigation of Philippines President Duterte Sends Important Signals

It tells other governments that they may not obtain retroactive impunity for their crimes by withdrawing from the ICC treaty.

Sep. 24, 2021 Aryeh Neier

Rep. Pete Aguilar (D-CA), Rep. Stephanie Murphy (D-FL) Rep. Adam Schiff (D-CA), and Rep. Zoe Lofgren (D-CA) listen during the Select Committee investigation of the January 6, 2021, attack on the US Capitol, during their first hearing on Capitol Hill in Washington, DC, on July 27, 2021.

Congress’ Access to Individuals’ Private Communications: The Jan. 6 Committee’s Troubling Precedent

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.

Sep. 22, 2021 Elizabeth Goitein

Norng Chan Phal, who survived internment at the Tuol Sleng prison known as S-21 as a child, looks at portraits of victims of the Khmer Rouge regime displayed at Tuol Sleng genocide museum in Phnom Penh on September 2, 2020.

Crimes of Omission: Why a UN Treaty on Genocide but Not on Crimes Against Humanity?

It is a matter of historical curiosity, and it's time for the UN to reunite genocide with its genus by concluding a parallel treaty.

Sep. 21, 2021 Payam Akhavan

A world map titled “Freedom on the Net 2021” with countries highlighted in different colors designating “free,” “partly free,” “not free,” and “not assessed.” For an interactive version of the map, visit FreedomHouse.org

Revenge of the State: Freedom House Finds Tech Increasingly Serves Authoritarian Ends

Hendrix unpacks the report's broader themes and dives into country reports on United States, India, and China.

Sep. 21, 2021 Justin Hendrix

Syrian defendant Eyad al-Gharib, accused of crimes against humanity in the first trial of its kind to emerge from the Syrian conflict, arrives to hear his verdict in the court room on February 24, 2021 in Koblenz, western Germany. He holds up a document or folder to hide his face as two officers in bullet proof vests touch him and move him forward.

Striking the Right Balance for a Draft Convention on Crimes against Humanity

A successful treaty will prompt States to adopt stronger national laws and cooperate with each other to stop atrocities.

Sep. 17, 2021 Sean Murphy

Norng Chan Phal, who survived internment at the Tuol Sleng prison known as S-21 as a child, looks at skulls displayed at the Tuol Sleng genocide museum in Phnom Penh on September 2, 2020.

As the Draft Crimes Against Humanity Treaty Moves Forward, a View on How It Relates to the Rome Statute for the ICC

Crimes against humanity is the only international crime not governed by its own treaty. It's time to formally recognize such heinous conduct.

Sep. 15, 2021 Justice Richard Goldstone

Demonstrators, including Reverend Jesse Jackson, rally in protest calling on US President Barack Obama to end the "War on Drugs." They carry a banner reading, “Day of Direct Action; President Obama and the Nations…End the War on Drugs and Mass incarceration; Invest in America’s ‘Dark Ghettos’”

With America Out of a Major Foreign War, Time to End One at Home

Many of the tragedies and sins associated with failure in the war in Afghanistan could equally apply to the "war on drugs.”

Sep. 14, 2021 Elliot Williams

A view of the room where the session is held at International Court Of Justice on January 23, 2020 in The Hague, Netherlands. The judges sit in a room at the front of the room. People fill the rest of the seats in the room.

Towards a New Treaty on Crimes Against Humanity: Next Steps

Such a convention could dispel the notion that only genocide deserves international sanction and attention.

Sep. 13, 2021 Leila Nadya Sadat

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