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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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2,854 Articles
Libyan delegates, including Abdessalam Shuha, Abdallah Shibani, Hussein Mohamed Elansari, an unidentified participant and Abdel Majid Mlayqtah attend the opening of the Libyan Political Dialogue Forum hosted in Gammarth on the outskirts of Tunisia's capital, on November 9, 2020. They stand side by side not socially distanced and wear face masks, though two of them do not wear the face masks properly, ie. not covering their noses.

Libya: Subnational Governance as a Potential Anchor of Stability

As the Libyan Political Dialogue Forum proceeds, a government structure that genuinely responds to legitimate grievances will be key to sustainable peace.
Dec. 2, 2020 and
Exterior View of the International Criminal Court building in The Hague.

Part II: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture

What does it mean in practice for the ICC to be a court of last resort? How should the Office of the Prosecutor assess whether there have been genuine national efforts at accountability,…
Dec. 1, 2020
A child displays a part of the missile that hit a bus carrying tens of children leaving dozens dead earlier this week, on August 12, 2018 in Saada, Yemen.

Nestlé & Cargill v. Doe Series: Toward a Harmonized Test for Complicity of Corporate Officials?

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Nov. 30, 2020
A banner from EIPR reading, “Free EIPR Staff.” Cropped greyscale photographs of four EIPR staff that have been detained are shown over the banner – Patrick Zaki, Gasser Abdel Razek, Mohammad Basheer, and Karim Ennarah.

Defending Human Rights Is Not Terrorism: The Egypt Arrests as a Case in Point

The UN's global counterterrorism system creates a permissive and enabling environment that sustains and facilitates abuse of rights defenders,
Nov. 30, 2020 and
Exterior View of the International Criminal Court building in The Hague.

Part I: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture

This is the first of a three-part series regarding the ICC’s Independent Expert Review, the crossroads at which the ICC finds itself, and issues that lie ahead for the Court
Nov. 30, 2020
A close-up of a roasted cocoa bean held by the tips of a worker’s fingers removing the husk. Moments Chocolate workplace on June 18, 2019 in Accra, Ghana

Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Nov. 25, 2020
A policeman stops US Actress Mia Farrow and Theary Seng, head of the Centre for Social Development, as they attempt to enter the Tuol Sleng Genocide museum in Phnom Penh, 20 January 2008. They hold white flowers and people with cameras crowd around them.

Cambodian Rights Activist and 55 Others Face Trial as Crackdown on Dissent Intensifies

Given the control that Prime Minister Hun Sen’s ruling party wields over the judiciary, their odds of getting a fair trial are slim.
Nov. 25, 2020 and
Officials from the South Korean Central Election Management Committee and election observers count votes cast of Parliamentary election amid the coronavirus outbreak on April 15, 2020 in Seoul, South Korea. Everyone wears a mask properly over their mouth and nose.

COVID-19 and International Law Series: Human Rights Law – Civil and Political Rights

[Editor’s Note: This article is part of a Just Security series, COVID and International Law. All articles in the series can be found here.] States around the world have had…
Nov. 24, 2020 , and 1 more
Trump speaks to city officials and employees of Double Eagle Energy on the site of an active oil rig on July 29, 2020 in Midland, Texas. He does not wear a face mask.

Why a Self-Pardon Is Not Constitutional

The 2020 election results are in. Joseph R. Biden, Jr. is the President-Elect of the United States of America. Sometime before January 20, 2021, Donald Trump will recognize the…
Nov. 24, 2020
Redacted text on a sheet of paper.

How a New Administration—and a New Congress—Can Fix Prepublication Review: A Roadmap for Reform

The new administration, and the new Congress, should act more decisively to reform this broken system.
Nov. 24, 2020 , and 2 more
Egyptian members of the press sit outside the headquarters of the journalists syndicate in Cairo on January 25, 2009 with their cameras on the ground, in protest against police interference in their work. Many hold images of police brutality.

How to Fight Truth Decay: Protect the Truth Tellers

What better way of protecting the truth than by offering a safe haven for journalists who risk their lives to inform us.
Nov. 23, 2020
Children workers who come from Burkina Faso carry sacks of cocoa to a truck June 28, 2001 in Petit Tieme, Ivory Coast.

Nestlé & Cargill v. Doe Series: The Prohibitions on Slavery, Forced Labor, and Human Trafficking Meet the Sosa Test

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Nov. 23, 2020 , and 3 more
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