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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2,932 Articles
Spent bullet casings are seen lying on the ground near the spot where Chit Min Thu, 25, was killed in clashes on March 11, 2021 in Yangon, Myanmar.

Beyond the Coup in Myanmar: A Crisis Born from Impunity

The roots of the coup can be found both domestically, in the 2008 Constitution, and in the failure of the international community to hold Myanmar's military to account.
World leaders are seen remotely on a screen as U.S. President Joe Biden delivers remarks during a virtual Leaders Summit on Climate with 40 world leaders in the East Room of the White House April 22, 2021 in Washington, DC.

Facebook Oversight Board’s Decision on Trump Ban in a Global Context: The Treatment of Political Leaders

The future of Facebook's treatment of political leaders across the world
Voters enter a polling station at the Zion Baptist Church on January 5, 2021 in Marietta, Georgia. A large sign reads, “Vote Here 7:00am – 7:00pm”

How Voter Suppression Laws Impede Religious Liberty: The Next Frontier of Litigation

New restrictive election laws have targeted more than the right to vote - they also implicate religious liberty.
A Myanmarese policeman, who fled Myanmar and crossed illegally to India, looks at a picture of detained Myanmar civilian leader Aung San Suu Kyi on his social media at an undisclosed location in India's northeastern state of Mizoram on March 13, 2021. Other people sit on the ground nearby.

Beyond the Coup in Myanmar: The Other De-Platforming We Should Have Been Talking About  

Facebook has been moderating the Myanmar military's Facebook access for years. The military still used the platform to effectuate its coup. What can we learn from this failure…
Video evidence of Trump’s incitement of the January 6th attack on the Capitol is presented during Trump’s second impeachment trial. The video shows Trump at a podium speaking to the insurrectionists on January 6th.

Facebook Oversight Board’s Decision on Trump Sets Up New Tests

The board made critical recommendations: that Facebook reckon with its own role in amplifying content and overhaul its approach to high-reach accounts.
Protesters wave French flags and signs written in French as they march near the Gare du Nord, in Paris to protest against Islamophobia, on November 10, 2019. A cloud of smoke rises behind them.

Conscience Wars in France?

Culture wars is an expression that was first popularized in U.S. politics by sociologist James Hunter in the early 1990s. While France traditionally prides itself in refusing the…
Trump against a dark background. People appear behind him.

The Facebook Oversight Board’s Trump Ban Decision Is About More Than Trump

The Oversight Board must grapple with algorithmic decision-making and whether politicians' speech ought to be governed by special rules, with implications for political speech…
Roger Stone, former adviser and confidante to Trump, leaves the Federal District Court for the District of Columbia after being sentenced February 20, 2020 in Washington, DC. He is surrounded by staff and two police officers lead the way.

Is Roger Stone Getting Off Easy for Tax Fraud?

Why is Roger Stone not being criminally prosecuted for tax evasion?
U.S. President Joe Biden and Vice President Kamala Harris meet with Homeland Security Secretary Alejandro Mayorkas, Health and Human Services Secretary Xavier Becerra, Chief of Staff Ron Klain and other cabinet members and immigration advisors in the State Dining Room on March 24, 2021 in Washington, DC.

Biden’s First 100 Days on Immigration: A Test of Leadership

The president may ultimately be judged not on any so-called border “crisis,” but for whether he remains true to his principles in the face of opposition.
Artwork of protestors with signs reading, “Freedom of Expression,” “Rule of Law,” and a slashed “Corruption” sign. Blood is splattered across the protestors. In the top corner, a hand places a paper into a ballot box.

Beyond the Coup in Myanmar: “In Accordance with the Law” – How the Military Perverts Rule of Law to Oppress Civilians

The Tatmadaw have used the concept of "law" to justify both arbitrary violence against anti-coup protestors and the coup itself. But what would true "rule of law" mean in Myanmar?
The sign at the FBI headquarters building reads, “J. Edgar Hoover FBI Building.”

Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries

A recently declassified FISA Court opinion shows how serious the threat is that Section 702 could be exploited as a loophole for warrantless surveillance in domestic policing.
Belsat TV journalists Katerina Bakhvalova aka Andreeva and Daria Chultsova, who were detained in November while reporting on anti-government protests, flash the V-sign from a defendant's cage during their trial in Minsk on February 18, 2021.

Belarus Jailing of Journalists for Reporting on Peaceful Protest Violates International Law

An appeal hearing in Minsk offers a chance for the court to rectify an injustice that illustrates how reporters have been targeted for abuse..
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