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Introducing Clinical Legal Education Into Iraqi Law Schools

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Introducing Clinical Legal Education Into Iraqi Law Schools Toward a Rule Of Law Society In Iraq: Introducing Clinical Legal Education into Iraqi Law Schools By Haider Ala Hamoudi* INTRODUCTION The current condition of Iraqi law schools is extremely poor. 1 Once among the most prestigious in the Middle East,2 law schools in Iraq have deteriorated substantially during the past two decades for several reasons. First, the totalitar- ian regime of Saddam Hussein, hostile to the rule of law and to the establish- ment of consistent legal order, viewed the legal system and its educational component with suspicion. 3 Thus, the former regime underfunded, 4 understaf- * Clinical Educational Specialist, International Human Rights Law Institute, DePaul Univer- sity School of Law; J.D., Columbia University School of Law, 1996. 1. Given the near total absence of scholarly research on the subject of Iraqi universities prior to the fall of Saddam Hussein, there is very little written information available respecting the current condition of the law schools. As a result, much of the information contained in this article has been gathered through personal observations and numerous interviews with the deans, faculty, staff, and students of various Iraqi law schools, as well as Iraqi lawyers and judges. In all, my colleagues and I have spoken with hundreds of people since December 2003. For reasons of both clarity and security, I do not refer to each of the persons with whom I spoke or the exact dates on which I spoke with them, but rather refer to all such discussions collectively as "Conversations." 2. Eric Davis, Baghdad's Buried Treasure, N.Y. TiMEs, Apr. 16, 2003, at A19; Coalition Provisional Authority Briefing Before the United States Dept. of Defense, Mar. 9, 2004 (statement of Coalition Provisional Authority Senior Advisor Dan Senor and Brigadier General Mark Kimmitt, Deputy Director for Coalition Operations). 3. The former Iraqi regime's disregard for the rule of law is well documented and largely beyond the scope of this article. The most thorough information on this subject can be found in the annual U.S. State Department human rights reports, available at http://www.state.gov/g/drl/rls/hrrpt, as well as the annual Amnesty International Reports, available at http://www.amnesty.org/ailib/alre- port/index.html. The past two decades of these reports provide chilling reading, not only with re- spect to the absence of any consistent legal order, but also with respect to the regime's abysmal human rights record and reliance on torture, extrajudicial execution, and arbitrary detention in order to silence all forms of real and perceived dissent. 4. I have not been able to obtain reliable figures from any responsible authority regarding the law schools' respective budgets over the past several years; this is invariably attributed to the poor accounting system employed by the previous regime. However, the dean of Baghdad University College of Law estimated that approximately 90% of the law school budget was spent on faculty salaries, which in the year before the 2003 invasion averaged the equivalent of US $90 per faculty member per month. Conversations, supra note 1. This would mean that the school had no more than $300 a month to commit elsewhere. Id. TOWARD A RULE OF LAW SOCIETY IN IRAQ fed,5 and badly maintained the schools. 6 Members of the Ba'ath party infil- trated the schools both at the student level and through faculty appointments to monitor libraries and classroom discussions to ensure that everything taught or read was in strict accordance with the principles of the ruling Ba'ath party.7 Students, professors, and the public believed that the deans appointed during Saddam's regime were government agents who would report any suspicious ac- tivity to the Iraqi security services.8 The sanctions the United Nations imposed on Iraq in 1990 also caused the deterioration of Iraqi law schools. Indirectly, the sanctions caused a massive decline in Iraq's economic condition that affected every person and institution in the country. 9 Directly, the sanctions prevented the schools from accessing and obtaining educational resources from outside Iraq.)0 Finally, the spate of loot- 5. See infra Part III.B (discussing the inadequate staffing at Iraqi law schools today). Bagh- dad University College of Law and the University of the Two Rivers College of Law in Baghdad, Iraq's two most prestigious law schools, see infra note 19, have suffered substantially from the emigration of many of their faculty members over the past two decades. A professor at the Univer- sity of the Two Rivers told me that over two dozen of the schools' brightest faculty members have left Iraq since 1980. Conversations, supra note 1. The Dean of Baghdad University College of Law estimated the figure to be closer to 35 faculty members. Id. No official reports on this trend are available. 6. See generally The United States and the Iraqi Marshlands: An Environmental Response: Hearing Before the Subcomm. on the Middle East and Central Asia of the House Comm. on Interna- tional Relations, 108th Cong. 20-21 (2004) (statement of Fernando R. Miralles-Wilhelm, Assistant Professor, University of Miami) (describing the weak condition of Basra University); Jared Steams, LibrariansAim to End Bad Chapter in Iraqi History, BOSTON GLOBE, Mar. 21, 2004, at G20. 7. Conversations, supra note 1. The repression to which the law schools were subjected during the reign of the previous regime was a frequent theme of the law school faculties at each university. Numerous professors on countless occasions told us that they had at the time heavily censored their lecture materials to exclude anything that might be considered even mildly critical of the regime. Many also reported being questioned by government agents on occasion. Moreover, according to the faculties at several schools, libraries were frequently combed to remove any materi- als that might be deemed seditious, such that one Suleymania professor told me he was forced to write an entire master's thesis on a subject concerning Islamic law in the modem era without being able to quote a source from the nation with the most scholarship in that field, Iran. Id. 8. Id. 9. Eric Hoskins, The Humanitarian Impacts of Economic Sanctions and War in Iraq, in Po- LmcAL GAIN AND CIvILIAN PAIN: HUMANITARIAN IMPACTS OF ECONOMIC SANCTIONS 91, 105-29 (Thomas G. Weiss et al. eds., 1997); RICHARD E. HULL, IMPOSING INTERNATIONAL SANCTIONS: LE- GAL ASPECTS AND ENFORCEMENT BY THE MILITARY, at http://www.ndu.edulinsslbooksl bookjtitles.html (Mar. 1997); Cassandra LaRae-Perez, Note, Economic Sanctions as a Use of Force: Re-Evaluating the Legality of Sanctions From an Effects-Based Perspective,20 B.U. INT'L L.J. 161, 166-68 (2002). 10. See S.C. Res. 661, U.N. SCOR, 45th Sess., 2933rd mtg., at 19, U.N. Doc. S/INF/46 (1990) (indicating that the comprehensive U.N. sanctions were to encompass all goods, except food and medicine under certain humanitarian circumstances). A tour of the Iraqi law school libraries in non- Kurdistan Iraq provides a fascinating, if tragic, glimpse into the long decline of the schools under Ba'ath party rule. Baghdad University's law library, for example, contains a respectable collection of United States law journals published between 1950 and 1980. The library carries fewer journals published after 1980, the year in which the Iraq-Iran war began and Saddam Hussein became presi- dent, and the number decreases as the decade-long war continued. By 1991, the year of the first Gulf War and the UN-imposed sanctions, new acquisitions virtually ceased altogether. Baghdad and Basra library officials each estimated that their respective collections expanded by approximately 10 books per year in the 1990's, all brought by professors who had received rare permission to travel and returned with as many books as they could carry. Conversations, supra note 1. For more infor- mation regarding the extent to which Iraqi universities were isolated from the trends and develop- 114 BERKELEY JOURNAL OF INTERNATIONAL LAW [Vol. 23:112 ing that took place immediately after the fall of Saddam's regime in April 2003 damaged the schools considerably."' The schools were stripped of virtually all possessions that could be carried off, including desks, air conditioners, com- puters, carpets, metal support rods, linoleum tiling, and shelves; many books were burned. 12 The damage to schools, already desperately low on resources, cannot be underestimated. As a result, law schools are in desperately poor shape in today's Iraq, and the legal profession is held in very low regard. Iraqi law school graduates tend to be dismissed by the general population as low level scriveners and facilitators of corruption, carrying bribes from a client to a judge or government official in order to achieve a particular result; talented students generally 3 avoid law school as a result.' I learned much of this firsthand when I moved to Iraq in December 2003. DePaul University's International Human Rights Law Institute ("IHRLI") sent me and several other educators to Iraq to reform and improve legal education. More broadly, we hoped that by raising the standard of Iraqi legal education we could help improve the entire legal profession, both in terms of its respectability and its dedication to the honest, efficient, and transparent administration of jus- tice. This would, we hoped, help to create of a rule of law society in Iraq. The effect of our efforts would be gradual, we expected, but nonetheless real if all went well. 14 ments of parallel institutions elsewhere, see Kathryn McConnell, Rebuilding Education Sector Key to Iraq's Rejoining World, WASHINGTON FILE (Dec. 1, 2003) at http://usinfo.org/wf-archive/2003/ 031201/epflO6.htm.
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