Matthew Waxman

Research Team: 

Filter By:



Recent Commentary

Analysis and Commentary

Best Of My Lawfare-ish Summer Reading

by Matthew Waxmanvia Lawfare
Friday, September 4, 2015

As usual, I didn’t make much of a dent in my intended summer reading. From among those I made it through, though, the following three books stand out. I recommend all of them to Lawfare readers.

Complexities of CybersecurityAnalysis and Commentary

Cultivating Cyberattack Norms After Snowden and Sony

by Matthew Waxmanvia The Briefing
Tuesday, March 3, 2015

The cyberattack late last year against Sony, attributed by the US government to North Korea, has highlighted the issue of international norms — especially those related to impermissible actions in cyberspace and permissible actions in response to them.  For the United States to effectively advance norms it must balance secrecy and transparency as well as build and sustain credibility.

The International Criminal Court in The Hague, Netherlands
Analysis and Commentary

The Palestinian Authority’s Lose-Lose-Lose Move On ICC

by Matthew Waxmanvia Lawfare
Monday, January 5, 2015

Just before the end of the year, the Palestinian Authority took steps to become party to the Rome Statute and thereby join the International Criminal Court (ICC). This is a lose-lose-lose move: it is bad for Israel, bad for the Palestinian Authority, and bad for the ICC.

Analysis and Commentary

The Heroism Of Effective Logistics: A Dispatch From Kerem Shalom

by Matthew Waxman, Benjamin Wittesvia Lawfare
Tuesday, December 16, 2014

We witnessed a moving scene today—if the loading and unloading of trucks amid looming concrete security barriers can ever really be moving: A major joint Palestinian-Israeli operation to route goods into the Gaza Strip.

Analysis and Commentary

There Is a Recent Silver Lining for Gitmo Policy – But It’s Not What People Have Been Talking About

by Matthew Waxmanvia Lawfare
Monday, December 8, 2014

The new National Defense Authorization Act (NDAA) is likely to extend the ban on any transfers of Guantanamo detainees into the United States but ease restrictions on transfers to other countries.

Analysis and Commentary

China’s ADIZ At One Year

by Matthew Waxmanvia Lawfare
Tuesday, November 25, 2014

A year ago this week, China abruptly declared an Air Defense Identification Zone (ADIZ) covering a large area of the East China Sea, including islands the legal possession of which China disputes with Japan.

Barack Obama
Analysis and Commentary

Obama’s Surprising War Powers Legacy

by Jack Goldsmith, Matthew Waxmanvia Lawfare
Wednesday, October 15, 2014

We have an essay in The New Republic titled Obama, Not Bush, Is the Master of Unilateral War.  It argues that President Obama, ironically in light of his own lofty rhetoric about lodging war decisions with “the people’s representatives” in Congress, has through his practices created new precedents that push outward the boundaries of unilateral presidential powers to initiate military conflict.

Analysis and Commentary

Obama, Not Bush, Is the Master of Unilateral War

by Jack Goldsmith, Matthew Waxmanvia New Republic
Tuesday, October 14, 2014

Late in the summer of 2013, President Barack Obama pulled back from his announced plans to use unilateral military force against Syria and stated that he would instead seek Congress’s approval. “I believe our democracy is stronger when the president acts with the support of Congress,” and “America acts more effectively abroad when we stand together,” he said.

White House at night
Analysis and Commentary

Panetta Slams White House on Iraq Withdrawal

by Matthew Waxmanvia Lawfare
Friday, October 3, 2014

A big Monday-morning quarterback question since ISIL began overrunning parts of Iraq as Iraqi military forces collapsed has been whether the United States should have kept in place a significant residual force, rather than withdrawing altogether after the U.S. combat mission there ended in late 2011. 

Analysis and Commentary

Breaking News: Guantanamo Closure Plans Are Stalled (But Now it’s the Pentagon’s Fault)

by Matthew Waxmanvia Lawfare
Tuesday, September 30, 2014

So reports the Associated Press this morning. This story stating the obvious upshot of President Obama’s doomed Guantanamo policy has a few interesting aspects to it, but fails to put Guantanamo policy in the broader context of a legal framework that President Obama has talked about putting in place, or how recent events with respect to ISIL further undermine any remaining efforts to close Guantanamo.