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
Trump gestures in front of a line of American flags at the "Stop The Steal" Rally on January 06, 2021 in Washington, DC.

An Alternative to Impeachment: New Bill Helps Enforce Accountability for Capitol Riots

Experts explain how a new bill in Congress helps enforce accountability for federal officials who enabled the attack on the U.S. Capitol.
A medical doctor wearing a mask representing Honduran President Juan Orlando Hernandez takes part in a protest in Tegucigalpa on September 11, 2020, amid the new coronavirus pandemic. The doctor carries a 3-D coronavirus model in one hand and a sign in another hand.

To Combat Central America’s Bad Governance, Biden Can’t Just Throw Money at the Problem

The $4 billion in US aid will have to be carefully managed, and could be leveraged to combat the corruption and impunity that drives so many to migrate.
Flowers line the entrance to Masjid An-Nur mosque as seen on March 14, 2020 in Christchurch, New Zealand. The National Remembrance event to mark one year since the Christchurch mosque attacks, has been cancelled as a precautionary measure due to Covid-19. Signs on the gate read, “Thank you brothers and sisters.”

Terrorism and Other Dangerous Online Content: Exporting the First Amendment?

The First Amendment is no cause for the United States holding back from international multi-stakeholder efforts to address the spread of dangerous online content. Christchurch…
US Attorney General Merrick Garland addresses staff on his first day at the US Department of Justice in Washington, DC on March 11, 2021.

How Attorney General Garland Can Strengthen FOIA Implementation

Here's what Attorney General Garland's department-wide memorandum on the Freedom of Information of Act should look like.
Two side by side photographs. The first shows China's President Xi Jinping shaking hands with Czech Republic's President Milos Zeman. The second shows Serbia’s President Aleksandar Vucic and China’s President Xi Jinping walking side by side. Both images have the corresponding country flags lined in a row behind them.

The Noxious Nexus of Money and Politics Takes Another Turn in Central and Southeastern Europe

A Forbes-listed billionaire’s China-fueled deals illustrate the potential security threats of media and telecom capture by authoritarians.
Farmers in India protest against new harmful farming laws while Indian paramilitary soldiers watch them behind barricades on December 13, 2020 at the Delhi-Uttar Pradesh border in Ghaziabad, India.

In India, US Defense Secretary Austin Must Not Overlook Its Democratic Decline

The Indian government’s pattern of repressive actions could undermine its value as a strategic partner in the Indo-Pacific region.
Grave stones of some of the sixteen Afghan villagers who were killed in the March massacre are pictured in the grave-yard in Panjwai district of Kandahar province on November 4, 2012. Colorful fabrics are strung across the grave stones and also laid on the ground partially covering the graves.

Why We Prosecute Wartime Misconduct

President Trump never pardoned Robert Bales, despite a strong push to do so. Any clemency for him would have resulted in manifest injustice to not just Bales’ victims, but to…
Salvadorean rape victim Evelyn Hernandez is accompanied by her lawyers after being cleared of murder after giving birth to a stillborn baby at home in 2016, at Ciudad Delgado's court in San Salvador on August 19, 2019.

El Salvador Needs to Stop Prosecuting Obstetric Emergencies as Homicides

The Inter-American Court of Human Rights has an opportunity to prevent future injustice by unequivocally declaring that the criminal prosecution of obstetric emergencies is a human…
A person carrying a bag walks past a severely damaged building complex in Gaza City, which is missing walls and sections of ceiling. In one area where the walls remain, a person looking at the sky is painted on the wall. The ground appears wet as if it had just rained or is raining. The picture was taken on March 4, 2021, but the damage was caused in 2014 by airstrikes.

Decolonizing the ICC: The Situation in Palestine and Beyond

On Feb. 5, the ICC Pre-Trial Chamber ruled that the ICC has jurisdiction over the Palestine situation. Here's why the apparently narrow and formalistic ruling offers hope for decolonizing…
People gather at a candle-light vigil on March 04, 2021 in Bangkok, Thailand, for anti-coup protesters who have been killed in Myanmar following the military coup on February 1st. They carry flowers, candles, and flags and banners.

National Security This Week at the United Nations (Feb 26-March 5)

Myanmar coup may be on Security Council agenda; ICC opens investigation on Palestine; COVAX delivers vaccine in Africa; and more in the weekly roundup.
A view of three speakers on videochat during the Munich Security Conference (MSC) Special Edition: "Beyond Westlessness: Renewing Transatlantic Cooperation, Meeting Global Challenges". A person stands near a podium in front of the screen projector looking at the speakers on screen.

China’s Military Tech Ambitions – What’s the U.S.- EU Gameplan?

The US and EU have taken divergent approaches to Chinese tech advances - including military and dual-use tech. To maintain their alliance, they must synchronize their approach.…
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
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