Litigation
823 Articles

US Intervention in Ukraine v. Russia at the ICJ: A Q&A with Chimène Keitner
"The recent flurry of interventions shows that the ICJ proceeding continues to serve as a rallying point for Ukraine’s supporters."

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part III)
Rules of procedure and evidence; how many to prosecute; rights of accused; double jeopardy (non bis in idem); amnesty; immunity; penalties.

Was DeSantis Shipping Migrants to Martha’s Vineyard a Crime?
"Our analysis may be a useful guide – for criminal investigators, press, potential whistleblowers or witnesses, the public and other stakeholders."

The Case for Creating a Special Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part II)
Ця стаття також доступна українською мовою тут. [Editor’s Note: This article is part of a Just Security series, Prosecuting the Crime…

Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump
The New York Attorney General announced a monumental civil enforcement action against Trump and his associates today that could serve as the tipping point for other pending cases.…

The Case for Creating an International Tribunal to Prosecute the Crime of Aggression Against Ukraine (Part I)
Launching a new high-level series on an international criminal tribunal for Putin’s aggression against Ukraine and the role of the United Nations General Assembly.

Inching Forward but a Long Road Ahead to Achieve Justice for the Rohingya
Five years after the Myanmar military launched its clearance operation targeting the Rohingya in Rakhine State, the wheels of international justice continue slowly to turn. On…

Human Rights Due Diligence: A Defense Industry Business Necessity
An upfront investment in such practices can not only improve human rights outcomes but also save companies substantial downstream costs.

The Absence of Any Executive Privilege by a Former President For National Security Secrets
The landmark Supreme Court case that both sides point to — Nixon v. GSA — has an even more important lesson.

Ensuring Access to Courts for Gun Victims: The Case for Repealing PLCAA
Victims of gun violence have the right to a remedy according to U.S. and international human rights law. Congress should repeal PLCAA in order to dismantle the inordinate legal…

When, Where and For What Mar-a-Lago Crimes Should Garland Indict Trump?
The Justice Department would be on strongest legal ground to indict former President Trump for MAL crimes in Washington, D.C., not Florida.

A Damage Assessment of Trump’s “Declassification Defense”
"It should be shocking to the American public and to jurors in a courtroom to hear such a line of defense to allegations of mishandling national defense information."