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
Q&A on Court Ordering Facebook to Disclose Content on Myanmar Genocide
Implications for future investigations and more...
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.
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.
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.
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.
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.
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.
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.”
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.
Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Crossing Back Over: Time to Reform Legal Culture and Legal Practice of the “War on Terror”
As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.
Islands of Advances in a Sea of Setbacks: Central American Rule of Law
The Biden administration’s promise to attack the root causes of migration from Central America just got harder to keep.