Amos Guiora: Advocates Criminalizing Enablers Theory for Accountability

• Amos Guiora, a law professor, proposes criminalizing 'enablers' who know of harm, can prevent it, but protect institutions or leaders instead of vulnerable individuals.
• His new book, "Enablers: Normalizing the Unimaginable," defines enablers as distinct from perpetrators and highlights a gap in current bystander law.
• Guiora argues that institutional settlements, often covered by insurance, do not lead to individual accountability, rendering preventative measures performative.
• He identifies a recurring pattern of enablers across cases like Larry Nassar, the Catholic Church, Jeffrey Epstein, and Israel's October 7th hostage situation.
• The book names specific individuals in Netanyahu's inner circle, detailing their political calculations regarding a hostage deal, based on off-the-record access.

Guiora argues that until specific people face criminal accountability, mandatory-reporter training and bystander videos stay performative.

Amos Guiora, a distinguished law professor at the University of Utah’s S.J. Quinney College of Law and director of the Bystander Initiative, has dedicated his recent work to a compelling legal theory centered on the criminalization of 'enablers.' His new book, titled "Enablers: Normalizing the Unimaginable," articulates a framework for holding individuals accountable who, despite knowing about impending or ongoing harm and possessing the authority to intervene, deliberately choose inaction. This perspective stems from Guiora's extensive background, including service as an officer in the IDF JAG Corps, which informs his current scholarly pursuit of justice.

Professor Guiora precisely defines an enabler as someone who becomes aware of harm through their professional position or inherent authority, possesses the capacity to prevent it, yet prioritizes safeguarding an institution or a leader over protecting vulnerable individuals. This definition establishes a crucial distinction between an enabler and a direct perpetrator of harm. Guiora's theory posits that such individuals are not merely passive observers but active participants in allowing egregious acts to continue, often by creating an environment where perpetrators can operate unchecked.

A significant legal gap exists, according to Guiora, in how legal systems address complicity. While current laws often criminalize bystanders who witness harm and fail to act, they frequently overlook the 'enabler' – someone who actively shields the person or entity responsible for the harm. Guiora's research and advocacy are specifically aimed at bridging this legislative void, pushing for a legal framework that holds these enablers criminally liable for their choices.

He contends that the current system often allows institutions to evade true consequences. For instance, when a university faces a settlement amounting to hundreds of millions of dollars, these financial penalties are typically absorbed by insurance policies rather than impacting specific individuals. This mechanism, Guiora argues, perpetuates a cycle where accountability remains elusive at the personal level. He firmly believes that without the threat of criminal charges for specific individuals, initiatives like mandatory-reporter training and bystander awareness videos remain largely performative, failing to instigate genuine change.

The pattern of enablers facilitating harm is not isolated to a single sector but recurs across diverse and tragic scenarios. Guiora identifies this consistent structure in cases ranging from the abuses perpetrated by Larry Nassar at Michigan State University to the systemic issues within the Catholic Church, and the extensive network surrounding Jeffrey Epstein. More recently, he applies this lens to Israel's handling of the October 7th hostages, observing a common thread: a perpetrator whose actions were only possible due to an 'ecosystem of enablers' that permitted their conduct.

His latest book takes a bold step by explicitly naming individuals. Through privileged, off-the-record access to former senior Israeli officials, Guiora meticulously documents the specific individuals within Prime Minister Netanyahu's inner circle. The book delves into the political calculations that underpinned their decisions not to actively push for a hostage deal, thereby illustrating how high-level political considerations can contribute to the enabling of harm.

Source: Insights derived from an interview with Professor Amos Guiora.