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Harold Koh

by Technical Editor on March 23, 2009

Name: Harold Koh

Position: State Department Legal Advisor

Job Description: “The Office of the Legal Adviser furnishes advice on all legal issues, domestic and international, arising in the course of the Department’s work. This includes assisting Department principals and policy officers in formulating and implementing the foreign policies of the United States, and promoting the development of international law and its institutions as a fundamental element of those policies.” (State Department website)

Date of Appointment: 23 March, 2009

Dossier:

  • Wrote that American forces should not attack Iraq without authorization from the United Nations Security Council, and that doing so would violate international law. (Groves, Steven and Ted Bromund, “State Department Legal Adviser Nominee Harold Koh: Questions on the Role of International Law in the U.S. Legal System”, Heritage Foundation, 27 April 2009)
  • Wrote in favor of American ratification of the Rome Statute on the International Criminal Court, which would make the United States a member of the ICC. (Harold Koh, Statement before the Senate Judiciary Committee, 16 September, 2008, p. 11)
  • Wrote in favor of a “global gun control regime.”  (Source: See Groves and Bromund, above)
  • Wrote in favor of the United States applying a “transnational” legal process, whereby international legal “norms” are integrated into American jurisprudence, with or without public participation: “As I have argued elsewhere, key agents in promoting this process of internalization include transnational norm entrepreneurs, governmental norm sponsors, transnational issue networks, and interpretive communities. In this story, one of these agents triggers an interaction at the international level, works together with other agents of internalization to force an interpretation of the international legal norm in an interpretive forum, and then continues to work with those agents to persuade a resisting nation-state to internalize that interpretation into domestic law.” (Fonte, John, “Koh Fails the Democracy Test”, National Review Online, 28 April, 2009)

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