السياسة العقابية لتمرير وإدخال النفايات الخطرة إلى العراق دراسة تحليلية جزائية في ضوء أحكام قانون حماية وتحسين البيئة العراقي رقم 27 لسنة 2009 النافذ

Abstract

It is not sufficient for an act to be regarded as a crime merely because the law prohibits it in one of its provisions. In addition, the law must impose a sanction of a criminal nature, namely a penalty. Accordingly, punishment is concomitant with criminalization. In this regard, the Iraqi legislature has adopted a penal policy under the Iraqi Environmental Protection and Improvement Law No. 27 of 2009 currently in force, establishing a punitive sanction applicable to the introduction and transit of hazardous waste. This is set forth in Article (35), which provides: “Any person who violates the provisions of Items (Second), (Third), and (Fourth) of Article (20) of this Law shall be punished by imprisonment and shall be required to return the hazardous or radioactive materials or waste to their place of origin, or to dispose of them safely, in addition to compensation.” The penal provision thus establishes imprisonment for the introduction and transit of hazardous and radioactive waste into Iraq, together with the restoration of the situation concerning such waste, its safe disposal, and the offender’s obligation to provide compensation. This penal policy further demonstrates that the purpose of punishment is not confined to penalizing the offender; rather, it extends to protecting the environment, preventing Iraq from becoming a destination for hazardous waste, achieving environmental security, and fulfilling international obligations concerning the management of hazardous waste and combating its illicit trafficking. Accordingly, the penalty prescribed under Article (35) represents an application of the philosophy of modern criminal policy, which combines criminal sanctions, reparation for harm, and measures designed to prevent the recurrence of criminal conduct, thereby ensuring effective protection of the environment and the public interest.