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.
2,973 Articles
Responding to the Trump Administration’s Cuts to International Judicial Work
Foreign aid cuts have halted most international judicial training. What future paths remain for U.S. judges seeking global engagement?
Judging War: The Legitimacy of International Courts in Armed Conflicts
This article examines how the ICJ and ICC navigate legitimacy challenges in armed conflicts, testing their authority, fairness, and impact on global peace and justice.
Symposium Introduction: Is There a Role for International Courts in Ending Wars?
Judicial involvement in ongoing armed conflicts should be examined from multiple vantage points: courts, victims, parties to conflict, and broader goals of peace and security.
The Prosecution of Crimes against Humanity: a National Perspective
An international convention on prevention and punishment of crimes against humanity would be a visible step toward accountability.
Overview of the ILC Draft Articles for a Crimes Against Humanity Convention
An expert overview of the draft articles produced by the ILC for the upcoming U.N. conference on a Crimes Against Humanity Treaty.
Proving Genocide: Party Presentation
Myanmar appears to have changed its position in Gambia v. Myanmar, a historic genocide case before the ICJ. This change may prove decisive in the court's pending decision.
Negotiating a Treaty on Crimes Against Humanity – Introduction to the Joint Symposium
A symposium featured expert analyses of issues related to advancing the draft International Convention on the Prevention and Punishment of Crimes Against Humanity.
Elements of Genocide: Intent to Kill
The ICJ should explicitly interpret ‘intentionally’ killing members of a group to include dolus directus and dolus eventualis in the case brought by Gambia against Myanmar.
Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications
The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…
Proving Genocide: Patterns of Conduct
As the ICJ hears Gambia v. Myanmar, the Court should continue to consider “patterns of conduct,” while weighing this evidence with other sources for genocidal intent.
Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.
When Crises Become Courtrooms: How Africa’s Engagement with the ICJ Is Rewriting the Playbook of International Law
Litigants from Africa and the African diaspora are doing more than “using” courts during emergencies. They are actively shaping doctrine.