Harold Koh formerly clerked for U.S. Supreme Court Justice Harry Blackmun and has championed international human rights and the U.S. adoption of international norms, such as a ban on the death penalty and stricter gun control. An outspoken critic of the Bush administration’s anti-terrorism tactics and treatment of detainees, he drew conservative ire during his confirmation process for the Department of State post. At around the same time, his name had surfaced on many short lists as a candidate for Supreme Court Justice. As the State Department Legal Adviser, Harold represents the U.S. government before international courts and tribunals and will play a key role in formulating the nation’s policy on handling detainees. He served as Assistant Secretary of State for Democracy, Human Rights and Labor during the Clinton administration, and is currently on leave as the Dean of Yale Law School.
What cases are you working on currently?
I’m working on a whole range of issues relating to September 11, [the closing of] Guantanamo, and the task forces that the President set up to deal with September 11. I just argued the Kosovo case at the International Court of Justice [related to the question of Kosovo’s unilateral declaration of independence from Serbia in February 2008]. I’m going to argue a case before a NAFTA tribunal at the end of [January].
Some people in the United States and abroad believe that the previous administration gave insufficient consideration to international law and consensus. The current administration appears to be succeeding in changing the perception of America. What message do you think President Obama wants to send to the rest of the world?
We want to live our values, and we think doing so makes us safer and stronger. We believe that we’re stronger when we operate in a framework of law and there are some problems that we can’t solve without the help of international law, like piracy or H1N1.
Some prominent jurists, such as U.S. Justice Ruth Ginsburg, have promoted the benefit of giving ear to international perspectives in the process of Supreme Court decisions. You yourself have written extensively on transnational jurisprudence. How do you respond to critics who claim that this view could erode American sovereignty and democracy?
That [criticism] is based on an outmoded view of the world we live in. We don’t live in a world where nation-states are billiard balls that have no connection with one another. We’re deeply intertwined. The mortgage crisis in the United States leads to the collapse of banks in Iceland. So the question is how to manage our engagement in this system of globalization. And the best way to protect our sovereignty is to engage, not remain isolated.
If the general counsel of one of the largest multinational corporations in the world didn’t understand transnational law, you would consider that malpractice. So if the general counsel of the State Department also understands [the importance of international law], that doesn’t suddenly turn into giving away sovereignty.
I am guessing that your interest in international affairs may partly stem from your father, Kwang Lim Koh, who was the top South Korean diplomat to the United States in 1960—but where does your progressive nature come from?
I grew up in America in the 1960s. I was here during the civil rights movement and the debate over the Vietnam War. I’ve lived long enough to see an African American become president and a woman be twice Secretary of State, and I’ve served under two of them. That to me suggested America as a place where people can progress. In my own life, we’re children of immigrants. Two of us have had the chance to serve the country in important jobs. So how can I not have faith in this country and the capacity of immigrants to progress in this country?
You grew up in a big household—in addition to Howard, you have four other siblings. I imagine there must have been some colossal fights over the last piece of galbi at the dinner table. What was your relationship like with your siblings growing up in New Haven?
We were very close then, and we’re very close now. We listened to classical music, rock-and-roll. We played games, we played baseball, we played two-on-two basketball. We learned about American society together.
You overcame a struggle with polio in your youth. How has this experience shaped your life, both superficially and more substantively?
Just having good health is a blessing. People who have had perfect physical health tend not to appreciate that. It’s a miracle to be able to walk and run. I spent time as a child in a wheelchair so when I see someone who’s disabled, I tend to empathize with their point of view.
You and your siblings seem to be the Korean mom’s dream to the nth degree. I sympathize with the kids who grew up next door to your family. Did you ever get into any mischief growing up, like breaking windows while playing baseball?
Everything that you could imagine happened to us.
Any interesting stories that you’d care to share?
No. [Laughs]
What activities or interests do you turn to today as solace from international law and politics?
I’m a devout fan of the Boston Red Sox. I love movies. I love to read books about history and politics as well as biographies.
That [last one] doesn’t count as leisure. They still involve international law and politics!
Well, I don’t think of [law and politics] as work. Every job I’ve ever held, I would have done for free so I don’t really think of it as work. I think of it as a passion.
What are you favorite movies?
Casablanca and On the Waterfront.
Is your family with you in D.C.?
My wife is here. My children—one is in college and one is working—so they come to visit, but don’t live with us. My daughter Emily is working at a charter school in Brooklyn. She worked for the Obama campaign. My son William is a sophomore at Yale. He’s probably majoring in history.
Do you meet with Howard often?
We actually met at the White House a couple times. We have dinner, and he sends me an email almost every day. Here’s a funny story you’ll like. Yesterday I was at the office and a guy came up to me and said, “You’re speaking tomorrow at this event,” and I had no idea what this event was. So I thought, “Did someone not put this on my calendar?” I told him to send me the invitation and when I saw it, it was my brother who was giving the speech!
What advice do you have for aspiring lawyers or public servants?
Reverend William Sloane Coffin, who was a chaplain at Yale, used to say the purpose of education is not to drive a wedge between thought and action, but to enable action of a higher kind. So I think the purpose of your education is to allow you to give back—to render public service and be more effective in doing so.
