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
Is Jeffrey Clark’s Secret Conversation With Trump “Privileged”?
A few days after President Joe Biden’s inauguration, news reports broke that then-President Donald Trump had met with Jeffrey Clark, the acting chief of the Department of Justice’s…
Social Media Video Evidence in Impeachment Trial: Lessons from International Tribunals
Five international experts discuss this pivotal moment in use of social media footage in Senate trial.
German Court Major Judgment on Foreign Officials’ Lack of Immunity in War Crimes Trials
A leading scholar explains landmark decision by Germany's highest criminal court.
The Capitol Assault and the Continuing Threat: A Podcast Conversation with Elizabeth Neumann
What was President Trump’s likely awareness of social media postings by extremists who signaled their intent to commit violence and assault the Capitol in advance of January…
Unprecedented Threats to Journalists & Civil Society Activists Are Threatening Afghanistan
Who benefits from the killing of journalists, human rights activists, and civil society members in Afghanistan? What purposes could it serve and for whom?
Through the Looking Glass, Darkly: The Supreme Court’s Muslim Travel Ban Decision
Although the Muslim travel ban has now been consigned to the dustbin of history, it is worth reflecting how the Supreme Court’s decision already looks in retrospect.
The Biden Administration Should Engage with the ICC – the Evidence Shows That It Saves Lives
The ICC’s success is not determined by number of indictments or convictions but by its effect on the world - and the empirical evidence shows that the ICC reduces violations…
How to Fix the U.S. Litigation Position in Key Pending Cases
The Biden administration has the opportunity, and responsibility, to disavow the Trump administration’s dangerous litigation positions and the ideologies they reflect in these…
“Fight for Trump”: Video Evidence of Incitement at the Capitol
New video footage scraped from Parler, and former federal prosecutors' reactions.
Gaps in Trump’s Pardons: How the Biden Administration Can Still Pursue Justice
Former FBI General Counsel and top prosecutor in Special Counsel's Office explains how the pardons for Bannon, Manafort, Stone left the door open for Justice Department to now…
U.S.-ICC Relations Under a Biden Administration: Room to Be Bold
The Trump administration approached the ICC with open and unproductive hostility. Can Biden reset relations? Kip Hale says yes: first, remove sanctions. Second, investigate and…
De-platforming Following Capitol Insurrection Highlights Global Inequities Behind Content Moderation
De-platforming is a window on the unequally distributed power and embedded assumptions that determine what content gets to stay online.