Cyberattacks and the Use of Force: Back to the Future of Article 2(4)
Matthew C. Waxman examines whether cyberattacks are a use of force as defined by the UN Charter.
See more in Cybersecurity, UN, Technology and Foreign Policy
Adjunct Senior Fellow for Law and Foreign Policy
International law & national security law; law and terrorism; counterterrorism; international security; presidential powers and foreign policy; cybersecurity; military intervention.
Matthew C. Waxman examines whether cyberattacks are a use of force as defined by the UN Charter.
See more in Cybersecurity, UN, Technology and Foreign Policy
Civil liberties will present the winner of the 2012 U.S. presidential elections with challenges related to counterterrorism powers and practices, as well as challenges related to privacy rights, says CFR's Matthew C. Waxman.
See more in U.S. Strategy and Politics, U.S. Election 2012
Recent events in Darfur raise the familiar question of whether international law facilitates the kind of early, decisive, and coherent action needed to effectively combat genocide. Matthew C. Waxman argues that putting decisions about international intervention solely in the hands of the UN Security Council risks undermining the threat or use of intervention when it may be most potent in stopping mass atrocities.
See more in United States, Humanitarian Intervention
In order to gain more congressional support for national security and foreign policy measures, "The Obama administration will need to pick its legislative priorities more deliberately, engage with allies and opponents in Congress more actively, and be willing to negotiate compromises or wage aggressive campaigns on key issues," says Matthew C. Waxman.
See more in United States, U.S. Strategy and Politics, Presidency
Kenneth Anderson and Matthew C. Waxman say some view automated technology developments as a crisis for the laws of war. But provided we start now to incorporate ethical and legal norms into weapons design, the incremental movement from automation to genuine machine autonomy already underway might well be made to serve the ends of law on the battlefield.
See more in United States, Defense/Homeland Security, Wars and Warfare, International Law
Matthew C. Waxman argues that international law still plays a powerful role in justifying or delegitimizing the case for military action. Just like in the Cuban missile crisis, the United States needs to present a plausible case for self-defense in order to strike Iran.
See more in United States, Iran, International Law, Foreign Policy History
Matthew C. Waxman examines the role of local police in counterterrorism intelligence.
See more in National Security and Defense, Rule of Law, Counterterrorism
Matthew C. Waxman discusses the lawsuit challenging U.S. participation in the Libyan military mission.
See more in Libya, Wars and Warfare, NATO, U.S. Strategy and Politics, Congress and Foreign Policy
Matthew C. Waxman examines whether cyberattacks are a use of force as defined by the UN Charter.
See more in Cybersecurity, UN, Technology and Foreign Policy
Recognizing the limitations of current international systems based in The Hague, David A. Kaye provides a strategy for promoting national-level justice and accountability mechanisms to prosecute perpetrators of mass atrocity crimes.
See more in International Criminal Courts and Tribunals
The controversial relationship between the United States and the International Criminal Court (ICC) is at a crossroads: After an initial period of hostility toward the ICC, the United States has in recent years pursued a policy of cautious engagement. Vijay Padmanabhan offers a backdrop of the U.S.-ICC relationship and policy recommendations for the U.S. delegation attending the Seven-Year Review Conference in May/June 2010.
See more in International Criminal Courts and Tribunals
Recent events in Darfur raise the familiar question of whether international law facilitates the kind of early, decisive, and coherent action needed to effectively combat genocide. Matthew C. Waxman argues that putting decisions about international intervention solely in the hands of the UN Security Council risks undermining the threat or use of intervention when it may be most potent in stopping mass atrocities.
See more in United States, Humanitarian Intervention
The NYPD's new "Domain Awareness System" raises familiar questions about privacy and transparency that are likely to spark a debate at multiple levels of government, writes CFR's Matthew Waxman.
See more in United States, Homeland Security, Intelligence, Human Rights
Detainee policy that would mandate military custody for al-Qaeda suspects captured in the United States could have a detrimental impact on U.S. counterterrorism operations, say CFR legal experts Matthew C. Waxman and John B. Bellinger III.
See more in United States, Defense/Homeland Security, Counterterrorism
As President Obama prepares to present his case for the Libya intervention, congressional members are squaring off over it. The president is on solid legal ground, but it could erode if Libyan operations continue for months, says CFR's Matthew Waxman.
See more in Libya, U.S. Strategy and Politics
The Ghailani verdict focuses renewed attention on the debate over how to detain and prosecute terrorism suspects, which will persist until the Obama administration comes up with a firm policy, says CFR's Matthew Waxman.
See more in Terrorism, Terrorism and the Law, U.S. Strategy and Politics
Which policies have worked and which ones need work ten years after the worst terrorist attacks in U.S. history? CFR experts examine ten issues that have preoccupied U.S. planners.
See more in United States, 9/11
U.S. drone strikes and "kill/capture" missions against al-Qaeda operatives, particularly in Pakistan and Yemen, have gained new attention and notoriety this spring. Four experts debate the legality and efficacy of the controversial counterterrorism strategy.
See more in Afghanistan, Pakistan, Wars and Warfare
News of planned military trials for five 9/11 suspects underscores the Obama administration's need to more forcefully defend the necessity of military tribunals if they are to have legitimacy at home and abroad, says CFR's Matthew Waxman.
See more in United States, International Criminal Courts and Tribunals, Counterterrorism
Guantanamo Bay, where hundreds of terror suspects have been detained since 9/11, has underscored the need for flexibility and careful balancing in detainee policy to confront twenty-first-century threats, writes CFR's Matthew Waxman.
See more in United States, 9/11, Terrorism and the Law
A snag in the civilian trial of Guantanamo detainee Ahmed Ghalani could be a setback for Obama administration efforts to close Guantanamo.
See more in International Law, Terrorism and the Law
The Supreme Court's upholding of bans on "material support" for foreign terror groups, even involving legal activities, reflects a further post-9/11 broadening of federal powers, writes CFR's Matthew C. Waxman.
See more in United States, Counterterrorism, Terrorism and the Law
Post-9/11 U.S. counterterrorism and surrounding civil liberties issues are unlikely to stray far from currently policy no matter who is in the White House in 2013, says CFR's Matthew Waxman.
See more in United States, Cybersecurity, Counterterrorism, U.S. Election 2012
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CFR Adjunct Senior Fellow for Law and Foreign Policy
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For more information on the David Rockefeller Studies Program, contact:
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Senior Vice President, Director of Studies, and Maurice R. Greenberg Chair
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Amy R. Baker
Director, Studies Administration
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Victoria Alekhine
Associate Director, Fellowship Affairs and Studies Strategic Planning
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