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.

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2,881 Articles
Exterior of Northwestern University School of Law Levy Mayer Hall

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.
Collage of images pertaining to artificial intelligence

Just Security’s Artificial Intelligence Archive

Just Security's collection of articles analyzing the implications of AI for society, democracy, human rights, and warfare.
A member of the Ukrainian army and a policeman stand near body bags exhumed from a mass grave where civilians where buried in Bucha, on the outskirts of Kyiv, on April 13, 2022, amid Russia's military invasion launched on Ukraine. - A visit by the International Criminal Court's chief prosecutor to Bucha -- the Kyiv suburb now synonymous with scores of atrocities against civilians discovered in areas abandoned by Russian forces -- came as the new front of the war shifts eastward, with new allegations of crimes inflicted on locals. (Photo by FADEL SENNA/AFP via Getty Images)

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.
IMAGES (left to right): People search through buildings, destroyed during Israeli air raids in the southern Gaza Strip on November 7, 2023 in Khan Yunis, Gaza (Photo by Ahmad Hasaballah/Getty Images); A fireball erupts during Israeli bombardment of Gaza City on October 9, 2023 (Photo by Mahmud Hams/AFP via Getty Images); The International Court of Justice (ICJ), the principal judicial organ of the UN, holds public hearings on the request for the indication of provisional measures submitted by South Africa in the case South Africa v. Israel on 11 and 12 January 2024, at the Peace Palace in The Hague, the seat of the Court (Photo by the International Court of Justice).

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.
The U.S. Supreme Court building stands in Washington, D.C., U.S.

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.
IMAGES (left to right): Natural disaster and its consequences (via Getty Images); In this picture taken on September 28, 2022, an internally displaced flood-affected family sits outside their tent at a makeshift tent camp in Jamshoro district of Sindh province (Photo by Rizwan Tabassum/AFP via Getty Images; Trees smolder and burn during the Dixie fire near Greenville, California on August 3, 2021. – Numerous fires are raging through the state’s northern forests, as climate change makes wildfire season longer, hotter and more devastating. (Photo by JOSH EDELSON/AFP via Getty Images)

Just Security’s Climate Archive

A catalog of articles analyzing the diplomatic, political, legal, security, and humanitarian consequences of the international climate crisis.
Military justice image

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 Cover Image

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. 
Police officers guard as a worker welds a gate to a military court during a demonstration against Israeli military prosecutors on July 30, 2024 in Kfar Yona, Israel. Yesterday, far-right protesters broke into the Sde Teiman compound to show support for Israeli reservists detained over allegations of abusing a Palestinian detainee. (Photo by Amir Levy/Getty Images)

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.
The blue flag of the International Criminal Court flies outside of the organization's headquarters.

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
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