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.
2,881 Articles

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.

Just Security’s Climate Archive
A catalog of articles analyzing the diplomatic, political, legal, security, and humanitarian consequences of the international climate crisis.

Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.

The Just Security Podcast: Is there a Fox in the Henhouse? A Comparative Perspective of State Capture in the U.S.
Dani Schulkin is joined by Naomi Roht-Arriaza to discuss the warning signs of state capture and grand corruption, and what can be done to push back against it.

Persecuting the Prosecutors: Israel’s Military Lawyers Under Pressure
The weakening of the Military Advocate General affects the IDF's ability to carry out its missions lawfully, and the broader protection of the rule of law in Israel.

There Should Be a New ICC Prosecutor Regardless of the UN Report Outcome
The ICC’s legitimacy is under scrutiny, and every internal shortcoming becomes evidence for those who argue that international justice is politicized or hypocritical.

The “Presumption of Regularity” in Trump Administration Litigation
A comprehensive study of court cases involving the Trump administration from January 20, 2025 to present