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.
2,932 Articles
How to Read the Weisselberg and Trump Entities Indictment: A Conversation with Andrew Weissmann
After the first wave of commentary, a discussion of how the prosecutors can obtain Weisselberg's testimony even if he does not cooperate, what the indictment and arraignment hearing…
Will Iran’s New President be Held Accountable?
Raisi was directly involved in the summary execution of thousands of political prisoners in 1988. Is there a path to justice today?
The Weisselberg Indictment Is Not A “Fringe Benefits” Case
"The scheme is far different from simple failure to pay taxes on fringe benefits, which is how the indictment has been widely misunderstood, thanks in part to Trump’s defense…
Allen Weisselberg’s Post-Indictment Strategic Considerations
What Weisselberg has to, and does not have to, worry about. Analysis by former IRS Criminal Investigation supervisory special agent, with comment from former Chief Assistant in…
Ending the Forever War, But Leaving a Legacy of Impunity in Afghanistan
The international military forces withdrawing from Afghanistan leave behind a legacy of impunity that threatens to undermine hopes for peace and justice in Afghanistan for years…
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
Parsing an Immunity Decision at the Heart of U.S.-Egypt Relations
A suit between a US citizen and the former PM of Egypt raises sticky questions of diplomatic immunity - and tees up a potential constitutional clash between the executive and judiciary.…
The Mladić Appeal Judgment and the Enduring Legacy of the Hague Tribunals
The Mladić case offers an opportunity to assess not only the judgment itself, but also the legacy of the U.N. International Criminal Tribunal for the Former Yugoslavia.
The Méndez Principles: A Focus on the Exclusionary Rule
To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.
Professional Criminal Prosecution Versus The Siren Song of Command: The Road to Improve Military Justice
An almost paragraph-by-paragraph critique of Jeh Johnson's essay opposing the Military Justice Improvement Act. Our author: Professor Rachel VanLandingham, Lt Col, USAF (ret.),…
A Deeper Dive: Facebook’s Response to Oversight Board on Trump May Be Less Than It Appears
A deeper dive shows the company is not ready to engage with the board's most far-reaching recommendations,
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…