Litigation
826 Articles

A Guide to Thursday’s Hearing on Trump’s Motion to Dismiss the Manhattan Prosecution
A guide to the hearing where the Manhattan court will take up former President Trump's motion to dismiss District Attorney Alvin Bragg's prosecution for hush money payment in 2016…

Dutch Appeals Court, Finding Clear Risk of IHL Violations, Orders Government to Halt Military Deliveries to Israel
A Dutch appeals court has ordered the government to halt delivery of F-35 fighter jet parts to Israel within seven days.

Dissecting Trump’s “Peacefully and Patriotically” Defense of the January 6th Attack
An analysis of former President Trump's reference to "peacefully and patriotically" in his January 6th Ellipse speech - for the trial and court of public opinion.

Taking Stock of ICJ Decisions in the ‘Ukraine v. Russia’ Cases—And implications for South Africa’s case against Israel
What do the ICJ's two recent decisions mean for Ukraine's international legal strategy, and what do they signal about other pending ICJ cases, including South Africa v. Israel?

Between Rhetoric and Effects: The ICJ Provisional Measures Order in South Africa v. Israel
A close dissection of what exactly the ICJ required Israel to do, and what the Court may have purposefully left ambiguous.

Strategic Litigation Takes the International Stage: South Africa v Israel in Its Broader Context
In the wake of last week’s pathbreaking International Court of Justice order of provisional measures concerning alleged genocide in Gaza, much reaction has rightly addressed…

Immigration Is Not an “Invasion” under the Constitution
The claim that a large increase in the number of migrants gaining entry at the southern border is an “invasion” is constitutional nonsense.

Why the ICJ Ruling Misses the Mark: Mitigating Civilian Harm With An Enemy Engaged in Human Shielding
Former CENTCOM Commander General (ret.) Joseph Votel and Professor Claire Finkelstein critically analyze South Africa's positions before the International Court of Justice in…

The Just Security Podcast: ICJ Provisional Measures in South Africa v. Israel
Three experts join the show to unpack the ICJ provisional measures in South Africa's genocide case against Israel.

Top Experts’ Views of Int’l Court of Justice Ruling on Israel Gaza Operations (South Africa v Israel, Genocide Convention Case)
In advance of the International Court of Justice’s ruling on Friday, we asked several leading experts if they would provide us with their views on the judicial order once…

National Security at the United Nations This Week (Jan. 22-Jan. 26)
Keep up to date on developments at the United Nations at the intersection of national security, human rights, and the rule of law.

Unpacking the Int’l Court of Justice Judgment in South Africa v Israel (Genocide Case)
Unpacking the judgment and placing its specific rulings in context.