Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
Highlights:
The Prosecution of Crimes against Humanity: a National Perspective
An international convention on prevention and punishment of crimes against humanity would be a visible step toward accountability.
Negotiating a Treaty on Crimes Against Humanity – Introduction to the Joint Symposium
A symposium featured expert analyses of issues related to advancing the draft International Convention on the Prevention and Punishment of Crimes Against Humanity.
Litigation Tracker: Legal Challenges to Trump Administration Actions
A public resource tracking all the legal challenges to the Trump administration's executive orders and actions.
Overview of the ILC Draft Articles for a Crimes Against Humanity Convention
An expert overview of the draft articles produced by the ILC for the upcoming U.N. conference on a Crimes Against Humanity Treaty.
Proving Genocide: Party Presentation
Myanmar appears to have changed its position in Gambia v. Myanmar, a historic genocide case before the ICJ. This change may prove decisive in the court's pending decision.
Just Security’s Russia–Ukraine War Archive
A catalog of over 100 articles (many with Ukrainian translations) on the Russia Ukraine War -- law, diplomacy, policy options, and more.
2,875 Articles
Elements of Genocide: Intent to Kill
The ICJ should explicitly interpret ‘intentionally’ killing members of a group to include dolus directus and dolus eventualis in the case brought by Gambia against Myanmar.
Trump v. Illinois: A Narrow Supreme Court Decision with Broad Implications
The rationale behind the Supreme Court’s decision in 𝑇𝑟𝑢𝑚𝑝 𝑣. 𝐼𝑙𝑙𝑖𝑛𝑜𝑖𝑠 complicates Trump's remaining options for deploying federal military…
Collection: Just Security’s Coverage of Trump Administration Executive Actions
Coverage of key developments, including in concise “What Just Happened” expert explainers, legal and policy analysis, and more. Check back frequently for updates.
Proving Genocide: Patterns of Conduct
As the ICJ hears Gambia v. Myanmar, the Court should continue to consider “patterns of conduct,” while weighing this evidence with other sources for genocidal intent.
Head of State Immunity and Maduro on Trial
Why did Maduro tell the judge he's still president? One reason: under international law, one country's sitting head of state can’t be prosecuted in another country’s courts.
When Crises Become Courtrooms: How Africa’s Engagement with the ICJ Is Rewriting the Playbook of International Law
Litigants from Africa and the African diaspora are doing more than “using” courts during emergencies. They are actively shaping doctrine.
The Assault on Law School Clinics is an Attack on Democracy Itself
Americans are witnessing a concerted effort to delegitimize legal defense for marginalized or politically disfavored people.
Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.
Just Security’s Artificial Intelligence Archive
Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.
History and International Law Proscribe Amnesties for Russian War Crimes
Compromising on prosecutions for Russian atrocities would erode the system of international justice built since Nuremberg and undermine the rule of law itself.
Just Security’s Israel-Hamas War Archive
Just Security's collection of more than 110 articles covering the Israel-Hamas War and its diplomatic, legal, and humanitarian consequences.
A SCOTUS Bench Memo for Trump v. Slaughter, the FTC Removal Case: Stare Decisis, Historical Practice, and Original Intent
Trump’s attempt to fire FTC Commissioner Rebecca Slaughter without cause forces the Court to revisit Humphrey’s Executor and the future of independent agencies.