Litigation
826 Articles

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.

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.