Harold Koh’s Written Answers to Pre-Hearing Questions
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.