Harold Koh’s Written Answers to Pre-Hearing Questions

by Chris Borgen

State Department Legal Adviser nominee Harold Koh’s written answers to pre-hearing questions asked by the Senate Foreign Relations Committee have been posted online at Senator Lugar’s site

The Q&A goes for over 60 pages. I have only skimmed it and so, for now, I will simply point out questions/answers that may be of particular interest to Opinio Juris readers (and of course, I suggest checking through the whole document for other topics of interest):

Q4 – Q5     Relation of the Supreme Court to the Executive in treaty interpretation.

Q8            The use of foreign law and practice in interpretation of US legal materials.

Q10 – Q11 Transnational legal process.

Q13           Is “unsigning” noncompliance?

Q14-Q16    The death penalty and international law.

Q17           The International Criminal Court.

Q18           The effects of “unsigning.”

Q24 – Q26  The Vienna Convention on Consular Relations cases.

Q29 – Q30  Detention in Iraq and Afghanistan.

Q32           Unilateral anticipatory war.

Q34 – Q35  The responsibility to protect and intervention.

Koh’s hearing is scheduled for this coming Tuesday, April 28th, 2009.


Comments are closed.