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:
Guantanamo Dispatches: Pentagon Reducing Rank of Top Military Commission Lawyers
An order from Secretary Hegseth will lower the ranks of the top two Guantanamo military commission lawyers starting in January.
U.S. Government Responds to Maduro’s Immunity Arguments
Maduro's motion to dismiss on the grounds of head-of-state immunity faces an uphill battle against the U.S. government's opposition.
Finland’s Prosecution of Russian Mercenary: The Rusich Appellate Ruling and War Crimes Accountability
The ruling upholding the conviction of a Russian mercenary leader opens new avenues for the prosecution of Russian irregular forces.
Can the Law Stop AI Hackers?
Hacking law assumes a human intended the break-in. AI agents are testing that assumption, and Congress may need to act.
Servant of the Law: The President as Chief Prosecutor
An examination of the constitutional, legal, and ethical constraints on the president when he exercises his power as chief prosecutor.
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.
3,024 Articles
How Civil Society Can Help Unlock More Universal and Extraterritorial Jurisdiction Cases
By providing national authorities with detailed evidence, civil society can empower national authorities to investigate atrocity crimes.
United States Seabed Mineral Activities: Understanding the Legal Landscape
Seabed mining is in the news. Distinctions on who, what, where, when, and why this U.S. mining might occur to guide legal governance.
Guantanamo Dispatches: Ahead of Jury Selection, Defense Psychiatrist Calls USS Cole Defendant Unfit for Trial
A forensic psychiatrist testified this week that the USS Cole bombing suspect is unfit for trial as a result of his torture by the CIA.
Collection: Just Security 2026 Midterm Election Analysis and Commentary
This collection brings together analysis of the legal and policy issues surrounding the 2026 U.S. midterm elections published on Just Security.
Guantanamo Dispatches: Military Psychiatrist Finds Cole Bombing Case Defendant Competent; Federal Judge Refuses to Intervene
The latest from Carol Rosenberg. Court-ordered psychiatrist finds USS Cole defendant competent to be tried by Guantanamo military commission.
Guantanamo Dispatches: Four Possible Obstacles to Jury Selection in the USS Cole Case at Guantanamo Bay
The judge in the USS Cole bombing case postponed the start of jury selection to Oct. 26. Several unresolved issues could delay it further.
Closing Pay-to-Play Loopholes: Strengthening the Ban on Federal Contractor Political Spending
To help curb government corruption, Congress should close the gaps in and expand the ban on contractor political spending.
Is the Case Challenging Trump’s Denial of Visas to Harvard Students Moot? (Yes and no.)
Expert analysis of what the expired Harvard visa ban means for the university’s lawsuit against the Trump administration.
Prize Courts Are Still Good Law. That Doesn’t Make Them a Good Idea.
The proposed revival of prize courts to seize Iranian oil vessels rests on a misunderstanding of the courts' historical purposes and the nature of modern naval warfare.
Guantanamo Dispatches: All Four Defendants’ Confessions Are Now Suppressed in the 9/11 Case
A military judge on Wednesday threw out the last disputed confession in the case against the suspected 9/11 plotters at Guantanamo Bay.
Boots Off Ballots: Troops and Elections, In Practice
Soldiers should always remember that in a democracy, any domestic deployment order given on or around an election is suspect.
The 9/11 Military Commission and Lessons of Recent History
The rulings that the accused 9/11 plotters' confessions are inadmissible are a reminder that the U.S. government fares better when it abides by the law.