Harold Koh
18 Articles

Reauthorize the AUMF: Clever strategies to limit presidential power are constitutional, but unwise
Now that the Midterms elections are in the books, it should be possible to focus once again on an unresolved issue that has generated massive angst on both sides of the political…

Ending the Forever War: One Year After President Obama’s NDU Speech
Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…

Coverage of the U.S. Proceedings Before the Human Rights Committee Available
A video archive of the United States proceedings before the Human Rights Committee in Geneva is now available here. The Committee released its summary of the proceedings, which…

The United States’ Position on Extraterritoriality: The Time For Change Is Now
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

The Koh Memo’s Impact on the Current US Position (A Reply, in part, to Ben Wittes)
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Letter to the Editor from Manfred Nowak, What does extraterritorial application of human rights treaties mean in practice?
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

In Defense of the Memoranda: A Reply to Ben Wittes
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Letter to the Editor from Former Member of the Human Rights Committee, Martin Scheinin
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Harold Koh’s Legal Opinions on the US Position on the Extraterritorial Application of Human Rights Treaties
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Extraterritorial Surveillance Under the ICCPR . . . The Treaty Allows It!
[Editor’s Note: Just Security is holding a “mini forum” on the extraterritorial application of human rights treaties in light of the release of two State Department memos and…

Forum on the Extraterritorial Application of Human Rights Treaties: Analyzing the State Department Memos
The New York Times, in a must-read story by Charlie Savage, provides the full text of two significant memos written by Harold Koh during his time as Legal Adviser of the State…

A Step in the Wrong Direction: The EU Parliament’s Drone Resolution
The European Parliament resolution on armed drones that calls, inter alia, for adoption of a common EU position on their use has ignited controversy. In particular, the resolution…