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Published online by Cambridge University Press: 27 February 2017
1 Review of Legal Education During the War, 1939-1945, University of Oxford, 1 J. Soc’y Pub. Tchrs. L. 23 (1947).Google Scholar Interestingly, the impact of the war on UK law schools continues to be described afresh. See Jurists Uprooted: German-Speaking Émigré Lawyers in Twentieth-Century Britain (Jack, Beatson & Reinhard, Zimmermann eds., 2004).Google Scholar
2 See, e.g., Elliott, E. Cheatham, Post War Legal Education and the Service Men, 19 Ind. L.J. 330 (1944)Google Scholar; Wright, C. A., The University Law Schools, 28 Can. B. Rev. 140 (1950)Google Scholar; Cohen, M., The Condition of Legal Education in Canada, 28 Can. B. Rev. 267 Google Scholar; Heinrich, Kronstein, Experience of Other Countries for Our Use in Building Legal Education After the War, 30 Iowa L. Rev. 373 (1945)Google Scholar; William, H. Wicker, Legal Education Today and in the Postwar Era, 18 Tenn. L. Rev. 700 (1945).Google Scholar
3 See, for example, W. Wesley Pue’s account of the role education for veterans played in the establishment of a law faculty at the University of British Columbia. W. Wesley Pue, Law School: The Story of Legal Education In British Columbia 135-47 (1995).
4 On the perceived need to turn away from “provincialism” and “isolationism” toward a more global view of law, see Charles, T. McCormick, The Association of American Law Schools: Excerpts from the Annual Message of the President, 30 A.B.A. J. 80, 80 (1944)Google Scholar. McCormick argued that the “need for lawyers . . . with [international and comparative] law training will apparently be many times multiplied after this war when as we hope the flow of international trade will be quickened and the nations will be struggling to create new world-wide and regional legal institutions.” It is worth noting that writers had also spoken of new “opportunities” for legal education after the First World War. See Edward, Jenks, The War and Legal Education, 36 L.Q. Rev. 429 (1920).Google Scholar
5 See, e.g., Haider Ala, Hamoudi, Toward a Rule of Law Society in Iraq: Introducing Clinical Legal Education into Iraqi Law Schools, 23 Berkeley J. Int’l L. 112 (2005).Google Scholar
6 For an account of this growth, see Bradney, A., The Rise and Rise of Legal Education, 4 Web J. Current Legal Issues (1997), available at <http://webjcli.ncl.ac.uk/1997/issue4/bradney4.html=.Google Scholar
7 See Gerry, Simpson, On the Magic Mountain: Teaching Public International Law, 10 Eur. J. Int’l L. 70 (1999).Google Scholar
8 They exist, however, at least in sketch form. See, in particular, John King, Gamble, Teaching International Law in the 1990S (1992).Google Scholar A follow-up to this 1992 survey was to be conducted in 2007 by the American Society of International Law. Elizabeth, Andersen, Globalizing Legal Education: Executive Director’s Report, ASIL Newsletter, Nov./Dec. 2006, at 2, 16.Google Scholar
9 A leading publication in the field is Lynn Davies, Education and Conflict: Complexity And Chaos (2004).
10 On the importance placed on strengthening the rule of law after conflict, see A More Secure World: Our Shared Responsibility, Report of the High-Level Panel on Threats, Challenges and Change, UN Doc. A/59/565 (2004), available at <http://www.un.org/secureworld/report.pdf=. On postconflict justice tools, see Office of The United Nations High Commissioner On Human Rights, Rule-Of-Law Tools For Postconflict States: Mapping The Justice Sector (2006), available at <http://www.ohchr.org/english/about/publications/docs/ruleoflaw-Mapping_en.pdf=.
11 James, A. Baker in & Lee, H. Hamilton et al., The Iraq Study Group Report 83 (2006), available at <http://www.usip.org/iraq_study_group_report/report/1206/index.html=.Google Scholar
12 I have taught international law courses and been involved in education reform in Albania, Armenia, Azerbaijan, Georgia, and Kosovo. In the Caucasus, these activities were under the auspices of the Civic Education Project; in Kosovo, with the Organization for Security and Co-operation in Europe; and in Albania, with a World Bankfunded consortium.
13 The most recent ones were in Bosnia in January 2005, and in Kosovo in September 2005.1 am grateful to the UK Socio-Legal Studies Association for a grant enabling me to conduct those interviews. For an earlier attempt to map the connections between conflict and legal education, see Christopher, P. M. Waters, Post-conflict Legal Education, 10 J. Conflict & Security L. 101 (2005).Google Scholar
14 José, Marques & Ian, Bannon, Central America: Education Reform in a Post-conflict Setting, Opportunities and Challenges at 9 (World Bank, CPR Working Paper No. 4, 2003), available at <http://www.worldbank.org/references/=.Google Scholar
15 Chih, Meng, Japan’s War on Chinese Higher Education, 16 Foreign Aff. 351, 351 (1938).Google Scholar
16 Nina, Arnhold et al., Education For Reconstruction 15 (Oxford Studies in Comparative Education, 1998).Google Scholar
17 The failure to distinguish civilian objects from military objectives is contrary to the basic principles of international humanitarian law. In some cases, causing damage to university buildings will also offend the requirement to protect cultural property. See Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, Art. 48, June 8, 1977,1125 UNTS3,16ILM 1391 (1977) [hereinafter Protocol I]; Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, May 14, 1954, 249 UNTS 240.
18 See Review of Legal Education During the War, 1939-1945, supra note 1; Daniel John Meador, Impressions of Law in East Germany: Legal Education and Legal Systems in the German Democratic Republic (1986).
19 Hamoudi, supra note 5, at 114.
20 Id. & n.l2.
21 Id. at 118.
22 Meador, supra note 18, at 57.
23 Christopher, Waters, Legal Education in Kosovo, Peacekeeping & Int’l Rel., Sept./Apr. 2001, at 7.Google Scholar
24 Noel Malcolm, Kosovo: A Short History 349 (1998).
25 Interviews with education officials in Kosovo (Sept. 2005).
26 UN Adviser to the Ministry of Education, Kosovo, Overview on Problematic Minority Issues in the Education Sector (Sept. 19, 2005) (on file with author).
27 International Legal Assistance Consortium, Report From A Visit to Afghanistan, 11-20 February 2002, at 2 (2003), available at <http://www.ilac.se/sajt/bilder/pdf/Afghanistan_Report_2003.pdf=.
28 It should be noted, however, that during the period of decline of Iraqi universities, the Iraqi dictator constructed Saddam Hussein University (now renamed University of Two Rivers) and provided it with relatively ample resources.
29 World Bank, Reshaping the Future: Education And Postconflict Reconstruction (2005), available at <http://wwwl.worldbank.org/education/pdf/Reshaping_the_Future.pdf=.Google Scholar
30 Since in many countries university students may be aged sixteen or seventeen, Article 77 of Additional Protocol I, supra note 17> is relevant: “In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest.” Similar protection is offered by Article 38 of the Convention on the Rights of the Child, Nov. 20, 1989, 1577 UNTS 3, although the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, GA Res. 54/263 (May 25, 2000), S. Treaty Doc. 106-37 (2000), goes farther, offering protection against conscription and direct participation in hostilities for those under eighteen.
31 Arnhold, supra note 16, at 48.
32 Davies, supra note 9, at 98.
33 Hamoudi, supra note 5, at 113 n.5, 121.
34 Id. at 121.
35 V. R. Cardozier, Colleges and Universities In World War II at 113 (1993).
36 Review of Legal Education During the War, 1939-1945, supra note 1.
37 Id. at 26.
38 Id., University of Birmingham, at 30.
39 The memorial is dated April 6, 2002, and was observed by the author in January 2005.
40 Interview with the dean of the Law Faculty, University of Pristina (Sept. 22, 2005).
41 War memorials in the Anglo-American world—including those located in universities—are the subject of extensive scholarship. See, e.g., Mark, Connelly, The Great War, Memory and Ritual: Commemoration in the City and East London, 1916-1939 (2002).Google Scholar
42 David, M. Berman, The Heroes of Treća Gimnazija: A War School in Sarajevo, 1992-1995, at 7 (2001).Google Scholar
43 Interviews with graduates of the Law Faculty, University of Pristina (Sept. 2005).
44 Hamida, Ghafour, Kabul University Slowly Recovers, Globe & Mail (Toronto), Aug. 14, 2003, at A11.Google Scholar
45 Turi, Munthe, Will Harsh Weed-out Allow Iraqi Accidentia to Flower? Times Higher Educ. Supp. (London), July 25, 2003, at 18.Google Scholar
46 Article 22(2) of the Convention Relating to the Status of Refugees, July 28, 1951, 189UNTS 137, provides:
The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.
Principle 23(4) of the UN Guiding Principles on Internal Displacement, UN Doc. E/CN.4/ 1998/53/Add.2, states that “[e]ducation and training facilities shall be made available to internally displaced persons, in particular adolescents and women, whether or not living in camps, as soon as conditions permit.”
47 Cohen, supra note 2, at 270.
48 It should be noted that 250 were by correspondence. Waters, supra note 23.
49 Interview with the dean of the Law Faculty, supra note 40.
50 Interview with administrative staff at the Law Faculty of the University of South Ossetia (Sept. 11, 2003).
51 In the former Communist bloc—including conflict-affected areas such as the Caucasus—the numbers also have to do with a freer market in higher education and the expanded need for lawyers in emerging economies. See Christopher P. M., Waters, Counsel in the Caucasus: Professionalization and Law an Georgia, ch. 4 (2004)Google Scholar; Davidson, C R. & N. Sharpe, Nti Asare, Legal Education in Azerbaijan: Past, Present and Future Challenges, in The State Of Law in the South Caucasus 96 (Christopher P. M., Waters ed., 2005).CrossRefGoogle Scholar
52 Rises in postwar enrollment in the education sector generally have been documented. See World bank, supra note 29.
53 Jenks, supra note 4, at 429.
54 The SRSG’s first regulation declared inoperable any prior existing law incompatible with international human rights standards. UNMIK Regulation 1999/1, §§2-3 (July 25, 1999), available at <http://www.unmikonline.org/regulations/index.htm=. On the lack of human rights education for lawyers under the Milošević regime, see Partners in Progress: Human Rights Reform and Implementation (Birgit Lindsnaes & Tomas Martin eds., 2002), available at <http://www.humanrights.dk=.
55 On property issues peculiar to the postconflict environment, see Anneke Rachel, Smit, Housing and Property Restitution and 1DP Return in Kosovo, Int’L Migration, Aug. 2006, at 63.Google Scholar
56 Turgut, Turhan, Arzu, Alibaba, & Ula§, Gündüzler, Legal Education in North Cyprus, paper delivered at the European Law Faculties Association, Leuven, Belgium (Feb. 10, 2006)Google Scholar (on file with author).
57 See Christopher P. M., Waters, Human Rights in an International Protectorate: Kosovo’s Ombudsman, 4 Int’l Ombudsman Y.B. 141, 148 (2000).Google Scholar
58 Christopher P. M., Waters, Law in Places That Don’t Exist, 34 Denv. J. Int’l L. & Pol’y (forthcoming 2007).Google Scholar
59 Id.
60 Reconciliation—with images of a family member returning to the fold—has rightly been described as “a murky concept with multiple meanings.” Social reconstruction has been defined as “a process that reaffirms and develops a society and its institutions based on shared values and human rights.” It calls for a broad range of activities to address the factors that led to conflict in the first instance. Harvey, M. Weinstein & Eric, Stover, Introduction: Conflict, Justice and Reclamation, in My Neighbor, My Enemy: Justice and Community in The Aftermath of Mass Atrocity 1, 5 (Eric, Stover & Harvey, M. Weinstein eds., 2004).Google Scholar
61 For example, several law professors from the University of Pristina sat on panels convened by the United Nations to review Kosovo’s criminal procedure.
62 This recruitment frequently causes problems, inducing these students to neglect their classes for “on-the-job” training in well-paid jobs.
63 This is certainly the experience in the South Caucasus. See Waters, supra note 51.
64 On the culture of peace concept, see David, Adams, Unesco and a Culture of Peace: Promoting a Global Movement (UNESCO, rev. ed. 1997).Google Scholar
65 Council of Europe & European Commission, Law Faculty Review in Bosnia and Herzegovina 32 (2004) [hereinafter LAW Faculty Review].
66 Statute of the University of Prishtina, Agreed Final Version, Arts. 6, 148 (June 9, 2004) (on file with author).
67 Interview with dean of the Law Faculty, supra note 40.
68 See Graham, Smith et al., Nation Building in the Post-Soviet Borderlands: the Politics of National Identities (1998).Google Scholar
69 Chris, Hedges, War is a Force That Gives U S Meaning 64 (2003).Google Scholar
70 Rarely, however, are nationalist teachings so explicitly imported into the legal curriculum as in Nazi Germany, where the three-year law program “was modified to incorporate coverage of the cornerstones of National Socialist thought; race, soil, blood, Teutonic history and folklore.” Matthew, Lippman, The White Rose: Judges and Justice in the Third Reich, 15 Conn. J. Int’l L. 95, 109 (2000).Google Scholar
71 On links between cultural identity and globalized law, see Nicholas, Kasirer, Lex-icographie Mercatoria, 47 Am. J. Comp. L. 653 (1999).Google Scholar On “sustainable diversity in law,” see H. Patrick, Glenn, Legal Traditions Of The World: Sustainable Diversity In Law 333 (2d ed. 2004).Google Scholar
72 Until recently, Georgian and South Ossetian police conducted joint patrols.
73 Const. Art. 8 (S. Ossetia, Apr. 8, 2001) (unofficial translation on file with author).
74 Declaration on the Proclamation of the Nagorno Karabakh Republic (Sept. 2, 1991), available at <http://www.nkr.am/eng/deklaraciya209.html=. The passing of “laws” can be a powerful symbol, even when there is not only no de jure right to pass the law but also no de facto power. A good example is the proclamation of a constitutional law for a “Republic of Kosovo” in 1990 by Albanian members of a provincial assembly, acting in secret. Malcolm, supra note 24, at 347.
75 On the “fragmented” nature of legal education in Bosnia, see International Crisis Group, Assessment of Legal Education in BiH, a document prepared for the Independent Judicial Commission (Mar. 1, 2002) (on file with author), and Law Faculty Review, supra note 65.
76 Law Faculty Review, supra note 65, at 38. This attitude is not surprising since “feeder” primary and secondary schools are also ethnically split.
77 Interview with a liaison officer of the American Bar Association’s Central European and Eurasian Law Initiative in Bosnia (Jan. 24, 2005).
78 Hedges, supra note 69, at 32-33; G. Smith et al., supra note 68.
79 Neluka, Silva, Introduction to The Hybrid Island: Culture Crossings And The Invention Of Identity In Sri Lanka at i, i (Neluka, Silva ed., 2002).Google Scholar
80 Inter-Agency Network for Education in Emergencies, Minimum Standards for Education in Emergencies, Chronic Crises and Early Reconstruction (2004), available at <http://www.ineesite.org/standards/www.ineesite.org/standards/=.
81 See Tim, Brown, Time to End Neglect of Post-primary Education, Forced Migration Rev., Jan. 2005, at 31.Google Scholar
82 Lori, Heninger, Who Is Doing What and Where? Forced Migration Rev., Jan. 2005, at 7, 7.Google Scholar
83 Women’s Commission for Refugee Women and Children, Help US Help Ourselves: Education in the Conflict to Post-Conflict Transition in Liberia 11 (2006), available at <http://www.womenscommission.org/pdf/lr_ed.pdf=.
84 Convention on the Rights of the Child, supra note 30, Art. 28(1). The Universal Declaration of Human Rights, GA Res. 217A (III), Dec. 10, 1948, UN Doc. A/810, at 71 (1948), in Article 26(1) states that “[e]veryone has the right to education,” although it goes on to give priority to elementary education. Other international instruments setting out rights to education include the Convention Relating to the Status of Refugees, supra note 46, Art. 22; the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Arts. 24, 50, 94, Aug. 12,1949,6 UST 3516,75 UNTS 287 [hereinafter Geneva Convention IV]; and the Covenant on Economic, Social and Cultural Rights, Art. 13, Dec. 16, 1966, 993 UNTS 3 [hereinafter ESC Covenant].
85 World Education Forum, Dakar, Senegal, Education for All: Meeting Our Collective Commitments (Apr. 28, 2000), available at <http://vvTww.unesco.org/education/efa/ed_for_all/dakfram_eng.shtml=.
86 United Nations Millennium Declaration, GA Res. 55/2, para. 19 (Sept. 8, 2000).
87 Engagement is not always undertaken, as in the separatist territories of the South Caucasus.
88 See IIEP-UNESCO, Guidebook for Planning Education in Emergencies and Reconstruction (2006), available at <http://www.unesco.org/iiep/eng/focus/emergency/guidebook.htm=.
89 The Rule of Law and Transitional Justice in Conflict and Post-conflict Societies, Report of the Secretary-General, UN Doc. S/2004/616, para. 35.
90 GA Res. 176 (II), pmbl, para. 1 (Nov. 21, 1947).
91 GA Res. 2099 (XX) (Dec. 20, 1965).
92 See Open Society Institute Web site, at <http://www.soros.org=.
93 See ABA, CEELI Web site, at <http://www.abanet.org/ceeli/home.html=.
94 On ICRC engagement with universities, see ICRC, Promoting Humanitarian Law in Universities, at <http://www.icrc.org/Web/eng/siteeng0.nsf/html/educuni= .
95 See their respective Web sites at <http://www.elfa.bham.ac.uk=, <http://www.elsa.org=.
96 See International Association of Law Schools, Charter, sec. 1 (2005), available at <http://www.ialsnet.org=.
97 On the establishment of such universities in Afghanistan, see Habiburahman, Ibrahimi & Hafizullah, Gardesh, Elite Universities to Open, Afghan Recovery Rep. No. 79 (Inst, for War & Peace Reporting), Oct. 29, 2003, at <http://www.iwpr.net=.Google Scholar
98 Not surprisingly, the United States had taken the lead in supporting Iraq’s universities. Tabitha, Morgan & David, Jobbins, US to Take Lead in ‘Modernising’Iraq, Times Higher Educ. Supp., June 20, 2003, at 13.Google Scholar The UK Department for International Development has supported a university in British-occupied Basra. News in Brief, Times Higher Educ. Supp., Oct. 24, 2003, at 12. Frequently, neighboring countries (such as Austria in Bosnia, and Turkey in Afghanistan) will devote substantial resources to postconflict education.
99 Mary Joy Pigozzi, Education in Emergencies and for Reconstruction: A Developmental Approach 4 (UNICEF/PD/ED/99-1, 1999), available at <http://www.unicef.org/girlseducation/files/EducEmerg.PDF=.
100 Some, however, have raised doubts as to the depth of denazification, see Reinhard, Zimmermann, ‘Was Heimat hieβ, nun heisst es Hölle,’ The Emigration of Lawyers from Hitler’s Germany: Political Background, Legal Framework, and Cultural Context, in Jurists Uprooted, supra note 1, at 1, 68–69 Google Scholar , or its timing, see Steven, P. Remy, The Heidelberg Myth: The Nazification and Denazification of a German University (2002).Google Scholar
101 Stefan, Muthesius, The Post-War University: Utopianist Campus and College, ch. IV (2000).Google Scholar
102 Arthur, T. Vanderbilt, A Symposium in Legal Education After the War: Foreword, 30 Iowa L. Rev. 325, 327 (1945).Google Scholar For the epigraph to this essay, see id. at 332.
103 Leon, Green, Legal Education After the War, 24 N.C. L. Rev. 433, 434 (1946)Google Scholar; see also McCormick, supra note 4; Wright, supra note 2, at 158.
104 Kronstein, supra note 2, at 380.
105 Wicker, supra note 2, at 700.
106 George, K. Gardner, Legal Education for the Needs of the Country After the War, 30 Iowa L. Rev. 340, 354 (1945).Google Scholar
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108 Glenn, supra note 71, at 359.
109 John King, Gamble, An Introductory Course: Clear/er Solutions— The Case for a Bare-Bones Course in International Law (BBCiIL), 4 Int’l L. Forum Droit Int’l 208, 212 (2002).Google Scholar
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111 See GA Res. 60/19, pmbl. (Nov. 23, 2005), and previous resolutions on the UN Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The program was established under a slightly different name. See note 91 supra and corresponding text.
112 See Simpson, supra note 7.
113 See, e.g., Geneva Convention IV, supra note 84, Art. 144; Protocol I, supra note 17, Art. 83.
114 At a law class on genocide held on April 24, 2004, in Baku, Azerbaijan, students were asked to name genocides. While Armenian actions during the Nagorno Karabakh war were listed as constituting genocide, no student mentioned the Armenian genocide under the Ottoman Empire, which is generally recognized as the first modern genocide. On the role international law can play in avoiding conflict, see Steven, R. Ratner, Does International Law Matter in Preventing Ethnic Conflict? 32 N.Y.U. J. Int’l L. & Pol. 591 (2000).Google Scholar
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118 UNESCO General Conference, 18th Sess., Recommendation Concerning Education for International Understanding, Co-operation and Peace and Education Relating to Human Rights and Fundamental Freedoms, para. 6 (Nov. 19, 1974).
119 Davies, supra note 9, at 5.
