Harold Hongju Koh

After the coup, Koh's father, legal scholar and diplomat Kwang Lim Koh, was granted asylum in the United States. He moved to New Haven, Connecticut, with his family and took a teaching position at Yale. His wife, Hesung Chun Koh (Harold Koh's mother), had a Ph.D. in sociology and taught at Yale as well—they were the first Asian Americans to teach there.

Koh has six siblings. Howard Koh—a Harvard University public health professor and former Massachusetts Public Health Commissioner— previously served as the United States Assistant Secretary for Health in the Obama administration. His sister Jean Koh Peters also teaches at Yale Law School.

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.

They concluded that "Dean Koh is one of the brightest legal minds of his generation, a credit to the profession we look forward to joining, and an able and effective public servant." On May 4, 2010, the Friends of the Law Library of the Library of Congress presented Koh with their annual award named for George W. Wickersham.

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."

On March 23, 2009, the White House announced Koh's nomination as Legal Adviser to the State Department in the Obama administration, the senior legal adviser to Secretary of State Hillary Clinton. His nomination was generally supported in the Senate and among legal colleagues. The nomination drew criticism from some conservative commentators for his views on international law and its use in American legal analysis and jurisprudence, while drawing support from other conservatives such as Ted Olson and Kenneth Starr as well as Forbes magazine.

On May 12, 2009, the Senate Committee on Foreign Relations voted 12–5 in favor of Koh. After a hold was placed on his nomination, Senate Majority Leader Harry Reid announced on June 22, 2009, that he would invoke cloture on the nomination. On June 24, 2009, the Senate voted 65–31 to end debate on the nomination, paving the way for a full Senate vote the following day. The following day, Koh was confirmed by the Senate in a 62–35 vote. While working in government, Koh took a leave of absence from Yale Law School.

In 1992–93, he led a group of Yale students and human rights lawyers in litigation against the United States government to free Haitian refugees interned at Guantanamo Bay, Cuba. As chronicled in Brandt Goldstein's book, Storming the Court (Scribner 2005), Koh and the plaintiffs prevailed in the case, Haitian Centers Council v. Sale, and the Haitians were released in the spring of 1993. At the same time, Koh and his team of law students argued a related case Sale v. Haitian Centers Council (1993) before the U.S. Supreme Court but the court ruled against them on an 8-1 vote.

Koh was elected to the American Law Institute in 1992 and was elected to the ALI Council in 2007. He stepped down from the Council when he worked for the Obama administration, but was re-elected to Council when he ended his tenure with the State Department and returned to Yale. He currently serves as a Counselor on the Restatement Fourth, the Foreign Relations Law of the United States, and previously served as an Adviser on the Principles of Transnational Civil Procedure project.

Koh is the author of several books, including The National Security Constitution: Sharing Power after the Iran-Contra Affair (Yale University Press,1990); Transnational Legal Problems (with Harry Steiner and Detlev Vagts, Foundation Press, 1994); Deliberative Democracy and Human Rights (with Ronald C. Slye, Yale University Press, 1999); and Transnational Litigation in United States Courts (Foundation Press 2008). He has also written over 175 law review articles and legal editorials. He is a prominent advocate of human rights and civil rights; he has argued and written briefs on a wide number of cases before U.S. appellate courts, and has testified before the U.S. Congress more than a dozen times. He has received numerous awards, medals, and honorary degrees.

He joined the Yale Law School faculty in 1985. His students have included John Yoo, with whom he co-authored a paper on "Dollar Diplomacy/Dollar Defense: The Fabric of Economics and National Security Law." Since 1993 he has been the Gerard C. and Bernice Latrobe Smith Professor of International Law; he became the law school's 15th dean in 2004. From 1985-91, Koh largely devoted himself to writing and teaching. A notable paper Koh wrote was a November 1990 legal brief challenging the first president Bush's contention that he could fight the Gulf War on his own authority. Koh argued that "the Constitution requires the president to 'consult with Congress and receive its affirmative authorization — not merely present it with faits accomplis — before engaging in war.'"

Koh clerked for Associate Justice Harry Blackmun on the U.S. Supreme Court from October 1981 through September 1982. In 1982 and 1983, he worked as an associate at Covington & Burling. From 1983-85, Koh worked as an attorney-adviser to the Office of Legal Counsel (OLC) in the United States Department of Justice during the Reagan Administration.

Koh graduated in 1971 from the Hopkins School in New Haven; graduated summa cum laude and Phi Beta Kappa from Harvard in 1975 with a degree in Government, before studying at Oxford University as a Marshall Scholar. He graduated cum laude from Harvard Law School in 1980.

They grew up under Japanese colonial rule, forbidden to speak Korean or even to use their Korean names. When their country was divided after World War II, my mother and her family were trapped in North Korea. In desperation, they hiked for days to the border to be picked up and were brought back to Seoul. But even there, they lived under dictatorship. For less than a year in the 1960s, (South) Korea enjoyed democracy. My father joined the diplomatic corps. But one day, tanks rolled and a coup d'etat toppled the government, leaving us to grow up in America.

Harold Hongju Koh (born December 8, 1954) is an American lawyer and legal scholar. He served as the Legal Adviser of the Department of State. He was nominated to this position by President Barack Obama on March 23, 2009, and confirmed by the Senate on June 25, 2009. He departed as the State Department's legal adviser in January 2013, and returned to Yale University as a law professor, being named a Sterling Professor of International Law.