Litigation
823 Articles

The Just Security Podcast: United States v. Trump – A Model Prosecution Memo for Mar-a-Lago
To discuss the Just Security Model Prosecution Memo we have Andrew Weissmann, Joyce Vance, and Ryan Goodman, who were among the memo’s authors

Mar-a-Lago Model Prosecution Memo
"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows,…

The Last, Best Chance for Accountability at Guantanamo? A Negotiated Plea for the 9/11 Defendants
The U.S. should finally resolve the single most important 9/11 case with a plea deal that provides finality for victims' families.

Mr. Attorney General, It’s Too Late to Appoint A Special Counsel
An "Open Letter" to Attorney General Merrick Garland in the matter of United States v. Donald J. Trump.

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part VI): On the Non-Applicability of Personal Immunities
The International Court of Justice (“ICJ”) is clear that personal immunities do not bar prosecution before certain international courts and tribunals.

Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."

Forging a Cooperative Relationship Between International Criminal Court and a Special Tribunal for Aggression Against Ukraine
Cooperation between the ICC and a potential STCoA is possible and both courts could achieve their missions to promote accountability.

The International Court of Justice: A Bright Light in Dark Times
"When diplomacy has failed and arms are again resorted to, international law remains the last possible language between States."

Democracies Must Stop Playing Games with Myanmar’s Representation at the United Nations
Member States that believe in human rights must take the necessary steps to give the Burmese people a voice at the United Nations.

On Indigenous Peoples’ Day, Reflections on Tribal Sovereignty in Haaland v. Brackeen
"As Indigenous people and allies celebrate and reflect, it is equally imperative to understand and champion both historical and contemporary issues – and to understand the ways…

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Committed Against Ukraine (Part IV)
Discussing details for an international tribunal for aggression against Ukraine including outreach, victim participation, and more.

How Congress Should Designate Russia a State Sponsor of Terrorism
A better approach would be for Congress to impose additional targeted sanctions on Russia, but not through the one-size-fits-all state sponsor of terrorism designation.