Litigation
868 Articles
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.
International Courts as the Last Hope for Humanity
Former President of the International Criminal Court writes about South Africa v Israel case before the International Court of Justice.
South Africa vs. Israel at the International Court of Justice: A Battle Over Issue-Framing and the Request to Suspend the War
A detailed account of the oral arguments and how they may shape the ICJ's decision.
How the International Court of Justice Should Stop the War in Gaza
"The Court may benefit from alternatives to consider."
The U.S. Military Moves Closer to Just Military Justice – But More Work Remains
Reforms that just took effect at the end of 2023 mark an important step in the right direction, but further reforms – and careful attention to how they are implemented – will…
The Promise and Risk of South Africa’s Case Against Israel
How the International Court of Justice will consider South Africa's application under the Genocide Convention against Israel, the expected timing, and the potential results and…
Selective Use of Facts and the Gaza Genocide Debate
The South African application to the International Court of Justice "provides lessons for how some strategies may be well intended, but the measures chosen can undermine efforts…