The 2008 Otto L. Walter Lecture
Self-defense from the Wild West to 9/11: Who, What, When with speaker Amos N. Guiora, Professor of Law at the S. J. Quinney College of Law at the University of Utah; and formerly of the Israel Defense Forces Judge Advocate General's Corps (Lt. Col. Ret.)
- Date: Wednesday, April 9, 2008
- Time: 4:30 pm - 6:00 pm
- Location: Wellington Conference Center (5th floor
of the
- Contact: Michael Rhee at (212) 431-2865. You may also send an e-mail to mrhee@nyls.edu.
- Click here for registration materials: There is no charge for admission. But registration is still required.
Professor Amos N. Guiora will examine the concept of state self-defense
and describe the inconsistency between modern-day armed conflict (where
states fight against non-state actors such as international terrorists)
and existing international law, which largely views conflicts among
nations only. Some legal experts argue, for instance, that existing
international law does not provide sufficiently clear guidelines to
decision makers as to when a nation may take preemptive action against
non-state actors.
Professor Guiora will propose a viable, legal solution to bridge this gap
by analyzing self-defense from a multi-disciplinary perspective using
criminal law, constitutional law, and international law. More
specifically, Professor Guiora will propose a process-based “strict
scrutiny” approach to self-defense under which a state may take
preemptive action against a non-state actor, but only if such action is
based on superior intelligence. Under this approach, a court of law (such
as the Foreign Intelligence Surveillance Act court) will decide if certain
intelligence information passes a strict scrutiny standard comparable to
admissibility requirements under a criminal law paradigm.
Professor Guiora will also examine the development of a new state
self-defense standard by using the American Wild West as a historical
analogy where a sheriff must decide when and against whom and under what
circumstances he may take action against perceived threats.
About Amos N. Guiora
Amos N. Guiora is Professor of Law at the S. J. Quinney College of Law at the University of Utah. Professor Guiora teaches Criminal Law, Global Perspectives on Counter-terrorism, Religion and Terrorism, and National Security Law. He writes and lectures extensively on issues such as legal aspects of counterterrorism, terrorist financing, and morality in armed conflict. He is also the author of the recently published casebook Global Perspectives on Counterterrorism (Aspen Publishers, 2007).
Prior to joining the S. J. Quinney faculty, Professor Guiora was
Professor of Law and the Founding Director of the Institute for Global
Security Law and Policy at Case Western Reserve University School of Law.
Before joining Case Law School, Professor Guiora served for 19 years in
the Israel Defense Forces Judge Advocate General’s Corps (Lt. Col.
Ret.), where he held a number of senior command positions, including
Commander of the IDF School of Military Law, Judge Advocate for
the Navy and Home Front Command, and the Legal Advisor to the Gaza
Strip. During his military service, Professor Guiora was involved in
important legal and policy-making issues, including the capture of the PLO
weapons ship Karine A, and the implementations of the Gaza-Jericho
Agreement, and the Israeli-Palestinian Interim Agreement.
Professor Guiora graduated from Kenyon College in 1979 (honors in history) and from Case Western Reserve University School of Law in 1985.
