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.
2,863 Articles
New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA
A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.
Reopen the Obstruction of Justice Case Against Trump
A key item in Attorney General Merrick Garland’s inbox is gathering dust: Volume 2 of the report by Special Counsel Robert Mueller, whose team investigated possible obstruction…
Incorporating Digital Technology in the Investigation of International Crimes: Lessons from the Democratic Republic of Congo
Key lessons on incorporating digital evidence of international crimes throughout the justice process and increasing its admissibility in court.
Historic Judgment in Liberian Massacre Case Advances US Law
A landmark case offers justice for victims - and new specificity on TVPA, ATS claims for crimes against humanity and war crimes.
Toward a Treaty on Crimes Against Humanity: A View from the Philippines and a Region of `Non-Interference’
Such a convention could help dispel a culture of impunity by reaffirming the gravity of such atrocities and filling gaps left by the Rome Statute.
The Huawei DPA: A Prologue to the Global Arrest Game?
Deferred prosecution agreement for an executive of Chinese tech giant Huawei provides short-term resolutions but raises long-term concerns.
Closing Pandora’s Box
Congress and the Treasury Department must curb law firms, financial advisors, and others implicated in the Pandora Papers secrecy gambits.
Why Religious Persecution Justifies U.S. Legislation on Crimes Against Humanity
Such a law would strengthen the prospect of the US one day seriously considering ratification of a proposed treaty.
Human Rights Plaintiff: US-EU Election Plan for Bosnia Rewards Nationalist Agendas
A politically expedient "fix" would sideline citizens, including those who fought to open the system via the European Court of Human Rights.
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.
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.
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.