Global Policy Forum

Defending the rule of law and women's rights has proven to be fatal for some Iraqi lawyers. Since October 2005, 38 lawyers have been murdered and hundreds attacked for defending cases branded by extremists as "against Islam," the Iraqi Lawyers Association (ILA) says.

Salah Abdel-Qader, 56, an Iraqi lawyer famous for handling cases of "honor killings" and custody battles, was shot dead in his office on 29 July. A note found near his body said: "This is the price to pay for those who do not follow Islamic laws and defend what is dreadful and dirty." He had been threatened many times this year, said his widow, Suheila Mohammad. "He was a brave man and always defended what he believed was right," she said. "Unfortunately some families cannot accept it ... He was a victim because he cared about the law."

In Iraq, as in some other countries in the region, women accused of having sexual intercourse outside wedlock are sometimes killed by their husbands or relatives under the pretext of defending "family honor." "Most lawyers in Iraq today are worried about taking on such cases because of the danger that might pose on their safety," said Safa Farouk, a lawyer and spokesman for the ILA who has received six threats since February. "Since January, at least 120 lawyers have fled to Jordan, Syria, the United Arab Emirates and other countries, frightened by the constant threats. And since the US-led invasion in 2003, hundreds of others have already left," said ILA member Qusai Ahmad, 44. "We are afraid and terrified by such killings, and many of my colleagues have stopped accepting such cases - even if it could bring good money." People requesting a lawyer from the ILA often have to wait more than a month to find a lawyer willing to take on sensitive cases, he said.

Fighting custody battles led to the death of Ali al-Nassiri, 51, a Baghdad lawyer who specialized in divorce cases. Nassiri was killed when a bomb exploded in front of his home two months ago. Nassiri had won four cases defending women seeking custody of their children. He later received death threats from the children's paternal relatives who accused him of defying Sharia law, Ali's brother Hussein said.

Interpretation of Sharia varies widely among judges in Islamic countries. However it is common for women to have custody over toddlers, and for guardianship to be granted to the father when the children are at an older age. Traditionally in Iraq, men are granted custody in most cases, but pressure from women's rights activists has begun to change that.

Sheikh Ahmad Damalugi, a member of the Islamic Commission for Peace in Iraq, condemned killing for personal reasons. "I do not agree that adultery ... is acceptable, but murder will not bring back honor," Damalugi said. "Killing lawyers for defending cases will only degrade justice."