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.

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2,854 Articles
Security Council members hold a videoconference in connection with Maintenance of international peace and security.

National Security Last Week at the United Nations (April 2-9)

United States Lifts Sanctions Against ICC Officials On April 2, President Joe Biden reversed one of former President Donald Trump’s executive orders, which imposed sanctions…
The US Supreme Court is seen in Washington, D.C. The sky is sunny and blue, and bushes and trees stand outside the building.

We Do Need to Reform the Supreme Court

Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.
A young Honduran asylum seeker waits with her family on the international bridge from Mexico to the United States on December 09, 2019 next to the border town of Matamoros, Mexico. They

To Fix the Immigration System, We Need To Start With Immigration Courts

If we want to re-build a better, stronger immigration system, we need to start with immigration courts.
Beji Caid Essebsi Tunisian President; Alpha Conde President of the Republic of Guinea, Faure Gnassingbe President of the Republic of Togo; Paul Kagame President of the Republic of Rwanda; German Chancellor Angela Merkel; German Finance Minister Olaf Scholz; Abdelfattah al-Sisi Egyptian President; Alassane Ouattara Ivory Coast president; Macky Sall President of the Republic of Senegal; Patrice Talon President of the Republic of Benin and President of the African Development Bank Akinwumi Adesina; Austria's Chancellor Sebastian Kurz; Abiy Ahmed Ali Ethiopian Prime Minister; International Monetary Fund (IMF) chief Christine Lagarde; Nana Akufo-Addo President of the Republic of Ghana; Cyril Ramaphosa South African President; World Bank President Jim Yong Kim; African Union (AU) Commission representative Moussa Faki Mahamat and Morocco's Finance Minister Mohamed Benchaaboun pose for a picture during the "Compact with Africa" conference on trade, aid and diplomacy on October 30, 2018 at the Chancellery in Berlin.

What Are the Stakes of the Upcoming Elections in Benin?

Since becoming the first country in Africa to overthrow a military dictator by democratic means, the Republic of Benin has been a highly stable and robust democracy, widely renowned…
U.S. President Joe Biden, without a face mask, and U.S. Secretary of State Anthony Blinken, with a face mask, participate in a virtual meeting with leaders of Quadrilateral Security Dialogue countries March 12, 2021 at the State Dining Room of the White House in Washington, DC.

Why Biden Needs to Rescind Trump’s ICC Sanctions Now

A deadline looms in the case challenging executive order 13928, which imposed sanctions against the ICC. Will the Biden administration defend the former administration’s reckless…
The building and grounds of Germany’s Federal Court of Justice. There is a grassy lawn with a fountain, trees lining the sides, and the building itself is centered.

On Functional Immunity of Foreign Officials and Crimes under International Law

Landmark judgment by Germany’s top criminal court on foreign officials' lack of immunity in war crimes trials. Analysis by renowned scholar, Professor Claus Kress.
Trump gestures in front of a line of American flags at the "Stop The Steal" Rally on January 06, 2021 in Washington, DC.

An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots

Experts explain how a new bill in Congress helps enforce accountability for federal officials who enabled the attack on the U.S. Capitol.
A medical doctor wearing a mask representing Honduran President Juan Orlando Hernandez takes part in a protest in Tegucigalpa on September 11, 2020, amid the new coronavirus pandemic. The doctor carries a 3-D coronavirus model in one hand and a sign in another hand.

To Combat Central America’s Bad Governance, Biden Can’t Just Throw Money at the Problem

The $4 billion in US aid will have to be carefully managed, and could be leveraged to combat the corruption and impunity that drives so many to migrate.
Flowers line the entrance to Masjid An-Nur mosque as seen on March 14, 2020 in Christchurch, New Zealand. The National Remembrance event to mark one year since the Christchurch mosque attacks, has been cancelled as a precautionary measure due to Covid-19. Signs on the gate read, “Thank you brothers and sisters.”

Terrorism and Other Dangerous Online Content: Exporting the First Amendment?

The First Amendment is no cause for the United States holding back from international multi-stakeholder efforts to address the spread of dangerous online content. Christchurch…
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
Two side by side photographs. The first shows China's President Xi Jinping shaking hands with Czech Republic's President Milos Zeman. The second shows Serbia’s President Aleksandar Vucic and China’s President Xi Jinping walking side by side. Both images have the corresponding country flags lined in a row behind them.

The Noxious Nexus of Money and Politics Takes Another Turn in Central and Southeastern Europe

A Forbes-listed billionaire’s China-fueled deals illustrate the potential security threats of media and telecom capture by authoritarians.
Farmers in India protest against new harmful farming laws while Indian paramilitary soldiers watch them behind barricades on December 13, 2020 at the Delhi-Uttar Pradesh border in Ghaziabad, India.

In India, US Defense Secretary Austin Must Not Overlook Its Democratic Decline

The Indian government’s pattern of repressive actions could undermine its value as a strategic partner in the Indo-Pacific region.
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