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

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…

We Do Need to Reform the Supreme Court
Why introducing a term limit or a mandatory retirement age for Supreme Court justices is needed.

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.

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…

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…

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.

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.

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.

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…

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.

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.

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.