A Right of the State to Preemptive Self-Defense?

My colleague Amos Guiora has written yet another interesting paper, this one regarding the circumstances in which a state can take preemptive or anticipatory actions against a non-state actor. Contrary to the limitations that some international law scholars seek to impose, Guiora contends that a state should be allowed to take preemptive action to protect itself against such actors (i.e., terrorists) -- provided its has sufficiently strong operational intelligence. In this country, to ensure that the Executive truly has such intelligence, Guiora suggests FISA court review.