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.
2,853 Articles
Time to Revisit the ICC’s Position on Head-of-State Immunity?
With major powers increasingly skeptical of international institutions, strengthening the Court's legal coherence is necessary for preserving its legitimacy
The Missing Due Process for Gang Allegations
There is a long history of immigration agencies using tattoos and a set of notoriously flawed gang databases to bring false or weak claims of gang involvement.
The Just Security Podcast: Regulating Social Media — Is it Lawful, Feasible, and Desirable?
Is it lawful, feasible, and desirable for government actors to regulate social media platforms? A conversation with leading experts at the NYU Law Forum.
Dissecting the Trump Administration’s Strategy for Defying Court Orders
The Trump administration is banking on Americans giving it a pass on violating District Chief Judge Judge Boasberg's court order.
The New “Blacklists” Work When Law Firms Stay Silent
In a recent internal memo, Brad Karp, the chairman of Paul, Weiss, Rifkind, Wharton & Garrison, defended the firm’s refusal to challenge a presidential executive order targeting…
The Imperative of Solidarity in Response to Assaults on Legal Services, Universities, and Independent Media
"Around the globe who have had decades of experience in navigating a world where simply looking out for one’s own best interests is insufficient for individual or collective…
“In the Event of Extreme Urgency”: The International Court of Justice Must Indicate New Provisional Measures to Protect Civilians in Gaza
Authors argue the ICJ must direct Israel to halt the current course of the military campaign in Gaza before too late.
Who Will Join Duterte at the ICC? A Plea for Realism
For the International Criminal Court, the question after Duterte’s arrest should not be whether it can now move on to confront more powerful leaders, but rather how it can become…
The Courts Can Stop Abuse of the Alien Enemies Act – the Political Question Doctrine is No Bar
Many of the emergency powers a president could unlock through pretextual invocations and arbitrary proclamations are injurious to a free, fair, and democratic society. The courts…
The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
US and international law prohibit transferring or removing any person when there are substantial grounds for believing that the person would be at risk of certain serious human…
Trump Move to Eliminate VOA, RFE/RL Ignores Lessons of Global Power
The world needs Voice of America and Radio Free Europe/Radio Liberty (RFE/RL) broadcast and online outlets now more than ever.
Why the ICC Should Respect Immunities of Heads of Third States
International courts must respect international law, also in dire times. The International Criminal Court’s denial of immunity to heads of third States does not.