Democracy & Rule of Law
Rule of Law
941 Articles

Rethinking the United Nations Cybercrime Treaty
The U.N. Convention Against Cybercrime clearly challenges the democratic vision for a free Internet and puts the United States on the spot.

The New Intelligence Community Directive on Prepublication Review: Important Reforms and Critical Omissions
The ODNI's prepublication review directive improves several important aspects of the system, but fails to make certain critical changes.

A 2024 Election Litigation Hot List
The cases include ones affiliated with major political parties, tackling emerging legal fault lines in the 2024 election, and involving issues of trust in the democratic process…

Political Violence in the United States Is Rising – and It Might Be Up to Americans to Say “Enough!”
How does this moment in the United States fit into trends of political violence, and what might be done to reduce the risk of escalation?

‘Good Moral Character?’ Holding Trump to the Same Standards as the Immigrants He Vilifies
Were Trump an immigrant and subject to the same scrutiny as those he now maligns, he would be at high risk of being either refused entry, denied a green card, or rejected for citizenship.…

A Reply to Chris O’Meara: Necessity and Proportionality in International Law on the Use of Force
In his thought-provoking essay in Just Security, Chris O’Meara provides an insightful analysis of Ukraine’s recent incursion into Kursk Oblast under the law governing the use…

Don’t Sanction the ICC for Doing its Job
Writes an American-Israeli citizen whose family was decimated in the Holocaust: "It is my family history and three decades spent advocating for human rights and the rule of…

The ICC Prosecutor’s Policy on Complementarity and Cooperation: A Dynamic Tool for Accountability
The OTP’s Policy on Complementarity and Cooperation builds on the idea of a dynamic process of partnership with national authorities, civil society, and other accountability…

Presidential Immunity Decision May Have Implications for Congressional-Executive Divide on Criminal Contempt
With Trump v. United States, a majority of the Supreme Court appears ready to resolve a longstanding dispute over prosecutorial discretion in contempt of Congress cases in favor…

The Just Security Podcast: How can the U.S. Address Political Violence and Threats?
Rachel Kleinfeld reflects on the threats of political violence in the United States and offers solutions ahead of the 2024 election.

The Double Black Box: AI Inside the National Security Ecosystem
The use of AI to advance U.S. national security will complicate the application of constitutional checks and balances.

Three Years on From Taliban’s Takeover, What’s Next Amid Afghanistan’s Impasse?
Unfocused efforts to break the logjam over human rights and diplomatic recognition raise questions about how to move forward.