Harold Hongju Koh

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In a March 2010 speech, Koh voiced his strong support for the legality of targeted killing by aerial drone strikes in Pakistan, Yemen, and other countries included by the U.S. government as being within the scope of the war on terror. The State Department's legal adviser said that "U.S. targeting practices, including lethal operations conducted with the use of unmanned aerial vehicles (UAVs)", which the Obama administration has leaned on heavily in its efforts to eliminate al-Qaeda and other terrorist groups in Asia, "comply with all applicable law, including the laws of war", citing the principles of distinction and proportionality. He said that the U.S. adheres to these standards, and takes great care in the "planning and execution to ensure that only legitimate objectives are targeted, and that collateral damage is kept to a minimum." [38]

He said the U.S. is in "an armed conflict with al-Qaeda, the Taliban, and the associated forces", and therefore has the lawful right to use force to protect its citizens "consistent with its inherent right to self-defense" under international law. [39] [40] Koh identified three elements that the U.S. considers when determining whether to authorize a specific targeted drone killing:

He also said that the drone strikes against al-Qaeda and its allies were lawful targeted killing, as part of the military action authorized by Congress, and not assassination, which is banned by executive order. [41] [42] Under domestic law, U.S. targeted killings against 9/11-related entities is authorized by the Authorization for Use of Military Force Against Terrorists. [41] [43] The speech earned praise from the editorial board of The Wall Street Journal . [44]

Koh's views on targeted killings have been criticized by analysts who have stressed the inconsistency between his critique of Bush's War on Terror policy and his later views on law and counterterrorism. [45] [46]

Koh was also criticized by lawyer Jennifer Robinson, who represents activist Julian Assange, for addressing a letter to both her and her client. Robinson felt this was in breach of legal custom. [47]

Resignation

On December 7, 2012, the Wall Street Journal reported that Koh was poised to leave his job at the State Department and return to Yale Law School in January 2013 as a law professor. [48] [49]

Publications

Lectures

From International to Transnational Law in the Lecture Series of the United Nations Audiovisual Library of International Law.

See also

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References

  1. ↑ Derek Tam, "Koh named for State post," Yale Daily News , March 23, 2009. Archived May 24, 2009, at the Wayback Machine
  2. ↑ Presidential Nominations database Archived 2016-02-01 at the Wayback Machine , via THOMAS . Retrieved April 16, 2009.
  3. ↑ Derek Tam, "SENATE APPROVES KOH NOMINATION," Yale Daily News , June 25, 2009. Archived June 27, 2009, at the Wayback Machine
  4. ↑ "After over three years, Koh to return". Yaledailynews.com. 2012-12-12. Retrieved 2016-10-22.
  5. ↑ Bravin, Jess (2012-12-07). "State Department's Top Lawyer Heading Out - Law Blog - WSJ". Blogs.wsj.com. Retrieved 2016-10-22.
  6. ↑ "APS Member History". search.amphilsoc.org. Retrieved 2021-05-14.
  7. ↑ Harold Hongju Koh, "The Bright Lights of Freedom," a "This I Believe" segment from Morning Edition, National Public Radio, February 13, 2006.
  8. 1 2 3 Brandt Goldstein, Storming the Court, Scribner, 2005, p. 31. ISBN   0-7432-3001-9
  9. ↑ "Harold Hongju Koh," Notable Asian Americans, Gale Research, 1995. Reproduced online in Biography Resource Center. Farmington Hills, Mich.: Gale, 2009.
  10. ↑ Brandt Goldstein, Storming the Court, Scribner, 2005, pp. 4 and 85. ISBN   0-7432-3001-9
  11. ↑ "HHS Secretary Sebelius Announces Senate Confirmation of Assistant Secretary for Health Dr. Howard Koh" (Press release). United States Department of Health and Human Services. June 19, 2009. Archived from the original on August 25, 2009.
  12. ↑ "Jean Koh Peters - Yale Law School". Law.yale.edu. Yale Law School. Retrieved 2016-10-22.
  13. ↑ "Yale Law School | Centers & Programs |Public Interest Auction". Archived from the original on 2009-04-01. Retrieved 2009-04-16.
  14. ↑ "Harold Koh". Marshallscholarship.org. Retrieved 2016-10-22.
  15. 1 2 3 4 Koh, Harold. "Home > Faculty > Harold Hongju Koh > Curriculum Vitae". Archived from the original on 2009-03-27. Retrieved 2009-04-04.
  16. ↑ "Harold Koh Speaks to the Hopkins Parent Council". Hopkins School. October 28, 2004. Archived from the original on September 28, 2007.
  17. ↑ "A champion of human rights and international law, Harold Hongju Koh receives U of T honorary degree". 14 June 2024. Retrieved 2 September 2024.
  18. ↑ Healy, Gene (2011-03-28) UN 'authorization' is the Emperor's new fig leaf, Washington Examiner
  19. ↑ Dahlia Lithwick, "And Then They Came for Koh ...", Slate, April 3, 2009.
  20. ↑ David Lat, "Attention, Concerned Alumni of Yale: Justice Alito Gets (Green)housed Archived 2007-06-11 at archive.today ," Above the Law, December 7, 2006 . Retrieved April 16, 2009.
  21. ↑ David Bernstein, "Profile of Yale Law Dean Harold Koh", The Volokh Conspiracy, April 4, 2007. Retrieved April 16, 2009.
  22. 1 2 http://abovethelaw.com/2009/04/yale_law_school_conservatives.php . Retrieved 2009-04-08.{{cite web}}: Missing or empty |title= (help)[ dead link ]
  23. ↑ "Officers & Council | List of Council Members". The American Law Institute. Archived from the original on 2012-09-25. Retrieved 2013-04-23.
  24. ↑ Duffy, Sharon (May 20, 2013). "The American Law Institute Elects Five New Council Members" (Press release). Washington D.C.: The American Law Institute. Archived from the original on October 25, 2013.
  25. ↑ "Current Projects > Restatement Fourth, The Foreign Relations Law of the United States". The American Law Institute. Archived from the original on 2014-04-07. Retrieved 2013-04-23.
  26. ↑ Eric Lichtblau (April 2, 2009). "After Attacks, Supporters Rally Around Choice for Top Administration Legal Job". New York Times.
  27. ↑ Ronan Farrow, "Confirm Harold Koh", Forbes, April 28, 2009.
  28. ↑ Greg Sargent's blog. "GOP Legal Heavy Ted Olson Dismisses Right-Wing Assault On Obama Nominee". Theplumline.whorunsgov.com. Archived from the original on October 3, 2009. Retrieved May 21, 2010.
  29. ↑ "Ex-Bush Official John Bellinger Joins Arnold & Porter". Legaltimes.typepad.com. April 7, 2009. Retrieved May 21, 2010.
  30. ↑ Harold Hongju Koh (January 2004). "International Law as Part of Our Law". The American Journal of International Law. 98: 55.
  31. ↑ Harold Hongju Koh (January 2004). "International Law as Part of Our Law". The American Journal of International Law. 98 (1): 43–57. doi:10.2307/3139255. JSTOR   3139255. S2CID   144205576.
  32. ↑ Scalia, Breyer hold rare televised debate on impact of foreign law[ full citation needed ]
  33. ↑ Farrow, Ronan (April 28, 2009). "Confirm Harold Koh". Forbes. Retrieved May 21, 2010.
  34. ↑ "Articles & Commentary". Aei.org. Archived from the original on February 20, 2003. Retrieved May 21, 2010.
  35. ↑ Ackerman, Spencer (May 13, 2009). "Harold Koh's Nomination Goes to the Full Senate". Washingtonindependent.com. Archived from the original on July 25, 2011. Retrieved May 21, 2010.
  36. ↑ "U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote". Senate.gov. Retrieved May 21, 2010.
  37. ↑ "U.S. Senate: Legislation & Records Home > Votes > Roll Call Vote". Senate.gov. Retrieved May 21, 2010.
  38. ↑ Renee Dopplick, "ASIL Keynote Highlight: U.S. Legal Adviser Harold Koh Asserts Drone Warfare Is Lawful Self-Defense Under International Law", Inside Justice.com, March 26, 2010, accessed May 20, 2010
  39. ↑ Shane, Scott (April 6, 2010). "U.S. Approves Targeted Killing of American Cleric". The New York Times. Retrieved May 20, 2010.
  40. ↑ Angus Martyn, The Right of Self-Defence under International Law-the Response to the Terrorist Attacks of September 11 Archived April 29, 2009, at the Wayback Machine , Law and Bills Digest Group, Parliament of Australia, February 12, 2002
  41. 1 2 Shane, Scott (May 13, 2010). "U.S. Approval of Killing of Cleric Causes Unease". The New York Times. Retrieved May 20, 2010.
  42. ↑ Entous, Adam (May 19, 2010). "Special Report – How the White House learned to love the drone". Reuters. Archived from the original on February 1, 2013. Retrieved October 17, 2010.
  43. ↑ Renee Dopplick, "ASIL Keynote Highlight: U.S. Legal Adviser Harold Koh Asserts Drone Warfare Is Lawful Self-Defense Under International Law" Archived 2010-12-03 at the Wayback Machine , Inside Justice.com, March 26, 2010, accessed May 19, 2010
  44. ↑ "A Defense of Drones". The Wall Street Journal. April 2, 2010. Retrieved May 21, 2010.
  45. ↑ Becker, Jo; Shane, Scott (2012-05-29). "Secret 'Kill List' Proves a Test of Obama's Principles and Will". The New York Times. ISSN   0362-4331 . Retrieved 2023-07-13.
  46. ↑ Pollitt, Katha (2013-02-13). "'America Doesn't Torture'—It Kills". ISSN   0027-8378 . Retrieved 2023-07-13.
  47. ↑ "Statement linking lawyer Jennifer Robinson with her client Julian Assange violates advocacy rights". Guardian. London. December 5, 2010. Retrieved June 28, 2011.
  48. ↑ Bravin, Jess (2012-12-07). "State Department's Top Lawyer Heading Out - Law Blog - WSJ". Blogs.wsj.com. Retrieved 2016-10-22.
  49. ↑ "Former law dean Harold Koh to return to Yale". Yaledailynews.com. 2012-12-07. Retrieved 2016-10-22.
Harold Koh
고홍주
Harold Konju Koh cropped.jpg
Koh in 2010
22nd Legal Adviser of the Department of State
In office
June 25, 2009 –January 22, 2013
Political offices
Preceded by Assistant Secretary of State for Democracy, Human Rights, and Labor
1998–2001		Succeeded by
Preceded by Legal Adviser of the Department of State
2009–2013		Succeeded by
Mary McLeod
Acting
Academic offices
Preceded by Dean of Yale Law School
2004–2009		Succeeded by
Kate Stith
Acting
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