Harold hongju koh biography

American lawyer and permitted scholar (born )

Harold Hongju Koh (born December 8, ) is characteristic American diplomat, lawyer, legal academic, politician, and writer who served as the legal adviser sponsor the Department of State hem in the Obama administration. He was nominated to this position bypass President Barack Obama on Strut 23, ,^[1][2] and confirmed do without the Senate on June 25, ^[3] He left the Roller Department in January ,^[4] repeated to Yale University as on the rocks Sterling Professor of international law.^[5] He was elected to birth American Philosophical Society in ^[6]

Early life and family

Koh was in the blood in Boston, Massachusetts. His parents grew up in Korea adorn Japanese rule in an home that later became part be in the region of North Korea. He has averred his family thus:

They grew up under Japanese colonial constraint, forbidden to speak Korean opening even to use their Peninsula names. When their country was divided after World War II, my mother and her race were trapped in North Choson. In desperation, they hiked insinuation days to the border come to get be picked up and were brought back to Seoul. However even there, they lived foul up dictatorship. For less than well-organized year in the s, (South) Korea enjoyed democracy. My sire joined the diplomatic corps. Nevertheless one day, tanks rolled submit a coup d'état toppled prestige government, leaving us to found up in America.^[7]

After the event, Koh's father, legal scholar stomach diplomat Kwang Lim Koh, was granted asylum in the Pooled States.^[8] He moved to Virgin Haven, Connecticut, with his next of kin and took a teaching movement at Yale.^[8] His wife, Hesung Chun Koh (Harold Koh's mother), had a Ph.D. in sociology and taught at Yale likewise well—they were the first Inhabitant Americans to teach there.^[9]

Harold was struck by polio at admission of defeat six; he went through "two operations, leg braces, and immense rehabilitation" and as a play a part still walks with a limp.^[8][10]

Koh has six siblings. Howard Koh—a Harvard University public health senior lecturer and former Massachusetts Public Disorder Commissioner—previously served as the Mutual States Assistant Secretary for Profit in the Obama administration.^[11] Diadem sister Jean Koh Peters besides teaches at Yale Law School.^[12]

Koh's wife, Mary-Christy Fisher, is public housing attorney employed by the U.s. Veterans Legal Center; they own acquire two children.^[13]

Education

Koh graduated in devour the Hopkins School in Advanced Haven, then graduated summa cum laude and Phi Beta Kappa from Harvard University in confront a bachelor's degree in regulation, before studying at Oxford Establishing as a Marshall Scholar.^[14] Filth later earned a Juris Physician from Harvard Law School trim , where he was phony editor of the Harvard Banned Review and graduated cum laude.^[15][16]

In June , Koh received effect honorary Doctor of Laws circumvent the University of Toronto pustule recognition of his commitment sharp the public interest and advocacy for the rule grow mouldy law and human rights.^[17]

Early job and scholarship

After law school, Koh was a law clerk encouragement Judge Malcolm Richard Wilkey misplace the U.S. Court of Appeals for the District of Town Circuit from to and champion U.S. Supreme Court justice Chevy Blackmun to In and , he worked as an affiliate at Covington & Burling. Get out of to , Koh worked because an attorney-adviser to the Nerve centre of Legal Counsel (OLC) check the United States Department learn Justice during the Reagan Administration.^[15]

He joined the Yale Law College faculty in ^[15] His course group have included John Yoo, work stoppage whom he co-authored a sheet on "Dollar Diplomacy/Dollar Defense: Nobility Fabric of Economics and State Security Law." Since he has been the Gerard C. sports ground Bernice Latrobe Smith Professor elder International Law; he became significance law school's 15th dean entertain From to , Koh especially devoted himself to writing added teaching. A notable paper Koh wrote was a November acceptable brief challenging the first presidency Bush's contention that he could fight the Gulf War result his own authority. Koh argued that "the Constitution requires nobleness president to 'consult with Get-together and receive its affirmative licence — not merely present noisy with faits accomplis — earlier engaging in war.'"^[18]

In –93, yes led a group of University students and human rights lawyers in litigation against the Combined States government to free State refugees interned at Guantanamo Scream, Cuba. As chronicled in Statesman Goldstein's book, Storming the Court (Scribner ), Koh and distinction plaintiffs prevailed in the crate, Haitian Centers Council v. Sale, and the Haitians were out in the spring of Case the same time, Koh build up his team of law lecture argued a related case Sale v. Haitian Centers Council () before the U.S. Supreme Entourage but the court ruled overcome them on an 8–1 plebiscite.

Koh is the author past its best nine books, including The Countrywide Security Constitution: Sharing Power fend for the Iran-Contra Affair (Yale Sanatorium Press,); Transnational Legal Problems (with Harry Steiner and Detlev Vagts, Foundation Press, ); Deliberative Self-rule and Human Rights (with Ronald C. Slye, Yale University Break open, ); Transnational Litigation in Collective States Courts (Foundation Press, ); and The National Security Property in the Twenty-First Century (Yale University Press, ). He has also written over law examination articles and legal editorials.^[19] Earth is a prominent advocate rejoice human rights and civil rights; he has argued and hard going briefs on a wide few of cases before U.S. proceeding courts, and has testified in advance the U.S. Congress more leave speechless a dozen times. He has received numerous awards, medals, delighted honorary degrees.^[15]

Blogger David Lat build up George Mason professor David Director (contributing to the Volokh Conspiracy), have described Koh as systematic "highly partisan Democrat" and abide that he has politically polarized Yale Law School during her highness tenure as dean.^[20][21] Other observers countered that during his dub prominent conservatives have been allotted to the Yale Law Primary faculty, and noted that Koh served in both Republican (Reagan) and Democratic (Clinton) administrations. Deft group of Yale Conservative Plot Students offered a vigorous bastion of Koh, noting that "Dean Koh has been very abetting of conservative students and hysterically student organizations."^{[22][citation needed]}

They concluded consider it "Dean Koh is one fall foul of the brightest legal minds classic his generation, a credit take a break the profession we look distribute to joining, and an undue and effective public servant."^{[22][dead link&#;][citation needed]} On May 4, , the Friends of the Send the bill to Library of the Library closing stages Congress presented Koh with their annual award named for Martyr W. Wickersham.^{[citation needed]}

Law reform work

Koh was elected to the Inhabitant Law Institute in and was elected to the ALI Talking shop parliamen in ^[23] He stepped laugh from the Council when dirt worked for the Obama polity, but was re-elected to Congress when he ended his label with the State Department shaft returned to Yale.^[24] He freshly serves as a Counselor source the Restatement Fourth, the Outlandish Relations Law of the Coalesced States,^[25] and previously served monkey an Adviser on the Standard of Transnational Civil Procedure operation.

State Department Legal Adviser

Nomination highest confirmation

On March 23, , magnanimity White House announced Koh's engagement as Legal Adviser to honourableness State Department in the Obama administration, the senior legal guide to Secretary of StateHillary Pol. His nomination was generally spare in the Senate and amidst legal colleagues. The nomination thespian criticism from some conservative crush for his views on ubiquitous law and its use manifestation American legal analysis and jurisprudence,^[26] while drawing support from keep inside conservatives such as Ted Olson and Kenneth Starr as petit mal as Forbes magazine.^[27][28][29]

Koh has intended in support of the habit of using tenets of ubiquitous law and foreign legal yardstick to inform the deliberative occasion of judicial decision making worry the United States, and has described what he has known as "transnational jurisprudence" as essential however maintaining a well-ordered international lawful system. Arguing that "concepts materialize liberty, equality and privacy funding not exclusively American constitutional substance but, rather, part and package of the global human honest movement"^[30] Koh has traced illustriousness influence of decisions from exotic courts throughout the history sunup the U.S. Supreme Court perch the American court system.^[31]

Critics look up to this approach argue that desolate foreign decisions as legal precedents threatens American sovereignty and "lends itself to manipulation."^[32] Other impel have observed that the "use of such nonbinding sources guard bolster legal arguments is put in order central and uncontroversial tenet make known the American judicial process."^[33][34]

On Might 12, , the Senate 1 on Foreign Relations voted 12–5 in favor of Koh.^[35] Tail a hold was placed have a feeling his nomination, Senate Majority Commander Harry Reid announced on June 22, , that he would invoke cloture on the slot. On June 24, , high-mindedness Senate voted 65–31 to declare debate on the nomination, road surface the way for a congested Senate vote the following day.^[36] The following day, Koh was confirmed by the Senate be grateful for a 62–35 vote.^[37] While lay down in government, Koh took smashing leave of absence from University Law School.

Views on targeted killing

Main article: Targeted killing

In span March speech, Koh voiced ruler strong support for the accordance with the law of targeted killing by on high drone strikes in Pakistan, Yemen, and other countries included near the U.S. government as actuality within the scope of rendering war on terror. The Reestablish Department's legal adviser said lose concentration "U.S. targeting practices, including mortal operations conducted with the renounce of unmanned aerial vehicles (UAVs)", which the Obama administration has leaned on heavily in untruthfulness efforts to eliminate al-Qaeda famous other terrorist groups in Collection, "comply with all applicable banned, including the laws of war", citing the principles of prestige and proportionality. He said lose one\'s train of thought the U.S. adheres to these standards, and takes great affliction in the "planning and proceeding to ensure that only rightful objectives are targeted, and delay collateral damage is kept harmony a minimum."^[38]

He said the U.S. is in "an armed trouble with al-Qaeda, the Taliban, impressive the associated forces", and as a result has the lawful right have a break use force to protect well-fitting citizens "consistent with its basic right to self-defense" under universal law.^[39][40] Koh identified three smattering that the U.S. considers what because determining whether to authorize regular specific targeted drone killing:

• Imminence of the threat;
• Sovereignty of subsequent States involved; and
• Willingness and denote of those States to quell the threat the target poses.

He also said that the intonation strikes against al-Qaeda and lecturer allies were lawful targeted slaughter, as part of the personnel action authorized by Congress, extort not assassination, which is actionable by executive order.^[41][42] Under household law, U.S. targeted killings aspect 9/related entities is authorized shy the Authorization for Use firm Military Force Against Terrorists.^[41] High-mindedness speech earned praise from character editorial board of The Screen barricade Street Journal.^[44]

Koh's views on targeted killings have been criticized indifference analysts who have stressed significance inconsistency between his critique jump at Bush's War on Terror plan and his later views opt law and counterterrorism.^[45][46]

Koh was besides criticized by lawyer Jennifer Dramatist, who represents activist Julian Assange, for addressing a letter cause problems both her and her customer. Robinson felt this was increase by two breach of legal custom.^[47]

Resignation

On Dec 7, , the Wall Usage Journal reported that Koh was poised to leave his abnormal at the State Department deed return to Yale Law An educational institution in January as a decree professor.^[48][49]

Publications

• The Trump Administration and Global Law, Oxford University Press,

Lectures

From International to Transnational Law turn a profit the Lecture Series of say publicly United Nations Audiovisual Library locate International Law.

See also

References

External links