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.
2,854 Articles
To Strengthen the ICC Office of the Prosecutor, Karim Khan is On the Right Path
Justice Richard Goldstone, a former international prosecutor says the changes will make it more efficient, results-oriented, and accountable.
Nuremberg Prosecutor says Guantanamo Military Commissions Don’t Measure Up
In an upcoming filing, the last living Nuremberg prosecutor, Benjamin B. Ferencz, says there is "very limited comparison" between the Guantanamo military commissions and the Nuremberg…
Evidence Destruction and the Crisis In Afghanistan
Evidence of international crimes is at risk in Afghanistan - endangering witnesses, victims, and the pursuit of justice. The international community must take steps to secure it.
Mexico v. Smith & Wesson: Does US Immunity for Gun Manufacturers Apply Extraterritorially?
The plaintiffs have a strong argument that a 2005 immunity law does not prohibit some of their claims.
A Flaw in the Attorney General’s Policy Against Seizing Reporters’ Records
The new Guidelines hamstring prosecutors’ ability to counter the worst espionage, writes George Croner.
Course Correction Still Needed on Anti-Torture Obligations
The prohibition on torture is absolute. The government’s commitment to upholding it must be too.
India and the Foreign Fighters Conundrum
India has left many of its nationals who fought with terrorist groups languishing in prison abroad. But it has legal options - and obligations - to bring these nationals home.…
Don’t Let the Autocrats Win – How Biden Can Use the Democracy Summit to Build Back Media Freedoms
Autocracy is on the march, but Clooney presents a toolkit with four specific devices to help protect press freedom around the world.
Deceptive Report Escalates Srebrenica Genocide Denial Campaign
It now becomes a permanent part of the brazen refusal by Bosnia's Serb authorities to own up to the atrocities committed in their name.
Unpacking the DOJ Letters: No “Executive Privilege” for Trump-Era Witnesses on 2020 Election Machinations
The determination clears the way for more evidence, testimony to congressional committees, including on the Jan. 6 attack on the Capitol.
Expert Backgrounder: The Westfall Act and Representative Brooks’s Speech
Professor Paul Figley, who served as Deputy Director in Torts Branch of Justice Department's Civil Division for fifteen years, explains the legal framework for Swalwell v. Brooks,…
Japan Cannot Claim Sovereign Immunity and Also Insist that WWII Sexual Slavery was Private Contractual Acts
In South Korea, two conflicting decisions by the Seoul Central District Court are testing the limited exceptions to sovereign immunity in a historic case of sexual violence in…