Koh's critics insist his legal views undermine the U.S. Constitution and American sovereignty. Koh also has long held the U.S. should accept international law when deliberating cases at home. Under Koh's plan, the Constitution would become secondary and international law would take precedence regardless of what Americans said about the matter."
Obama nominated Koh as State Department's legal adviser -- an appointment that will give Koh far-reaching influence over the extent to which international norms affect U.S. law. Seems he cares as much, if not more about international law and integrating that into the American judicial system than he does about protecting American prerogatives and American sovereignty.
In the Berkeley Journal of International Law in 2004, Koh wrote, "What role can transnational legal process play in affecting the behavior of several nations whose disobedience with international law has attracted global attention after September 11th -- most prominently, North Korea, Iraq and our own country, the United States of America? For shorthand purposes, I will call these countries 'the axis of disobedience.'"
In a May 2003 Stanford Law Review article Koh wrote that supporters of the International Criminal Court should bring pressure to bear on U.S. opinion "with an eye toward persuading U.S. officials that the ICC actually serves U.S. interests."
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