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
Why We Prosecute Wartime Misconduct
President Trump never pardoned Robert Bales, despite a strong push to do so. Any clemency for him would have resulted in manifest injustice to not just Bales’ victims, but to…
El Salvador Needs to Stop Prosecuting Obstetric Emergencies as Homicides
The Inter-American Court of Human Rights has an opportunity to prevent future injustice by unequivocally declaring that the criminal prosecution of obstetric emergencies is a human…
Decolonizing the ICC: The Situation in Palestine and Beyond
On Feb. 5, the ICC Pre-Trial Chamber ruled that the ICC has jurisdiction over the Palestine situation. Here's why the apparently narrow and formalistic ruling offers hope for decolonizing…
National Security This Week at the United Nations (Feb 26-March 5)
Myanmar coup may be on Security Council agenda; ICC opens investigation on Palestine; COVAX delivers vaccine in Africa; and more in the weekly roundup.
China’s Military Tech Ambitions – What’s the U.S.- EU Gameplan?
The US and EU have taken divergent approaches to Chinese tech advances - including military and dual-use tech. To maintain their alliance, they must synchronize their approach.…
Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo
Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
Truth, Justice, and the Narrative in International Criminal Law
International courts are inherently expressive: they provide a platform for a multitude of narratives. But recently, some prosecutorial narratives have begun to dominate in International…
The Next Judge: US Court of Appeals for the Armed Forces’ Looming Vacancy
In 2011, I wrote an essay for the Journal of National Security Law and Policy titled, “The Next Judge.” Here’s the introduction: The filling of a judicial vacancy provides…
Kunduz Airstrike Before European Court of Human Rights: Future of Jurisdiction and Duty to Investigate
The future of European Human Rights Court's jurisdiction and the future of States' duty to investigate civilian casualties in wartime.
KBR v. SFO: the United Kingdom’s Microsoft Ireland?
U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
The Latest North Korea Cyber Indictment Should Serve as a Model
Last week, the Biden administration’s Department of Justice (DOJ) announced its first major cyber-related indictment. An investigation long in the works, the indictment charges…
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.