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
Biden Team’s Litigation Tactics on Guantanamo Undercut Biden Policy to Close the Prison
The administration's new moves before Supreme Court raise questions about whether it will more broadly decline to use straightforward tools to close Guantanamo and end indefinite…
The Public Should Have Access to the Surveillance Court’s Opinions
For decades, a special court—the Foreign Intelligence Surveillance Court, or “FISC”—has issued secret legal opinions authorizing the U.S. government to conduct sweeping…
Don’t Place Judicial Accountability In The Dark
Efforts to ensure the safety and security of federal judges – including by shielding certain personal information, such as addresses, from public disclosure – are sadly necessary…
Congress Must Reform Sanctions Law to Avoid ICC Penalties from Happening Again
Reversing the sanctions the Trump administration placed on International Criminal Court leaders is not enough to prevent something like that from happening again.
China’s Dystopian “New IP” Plan Shows Need for Renewed US Commitment to Internet Governance
The US must rally partners to rein in the abuse of multilateral institutions for Huawei’s plans on 6G and beyond, which make concerns over 5G look minor.
Should the COVID-19 Vaccine Be Required for the Military?
A mandatory vaccination program would likely be upheld in military and federal courts if President Biden determines that it is in the interests of national security.
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.