- in Asia
- in Asia
Abstract:
This article aims to shed light on the Iraqi legal framework for addressing environmental pollution through the criminal penalties stipulated in the Iraqi Environmental Protection and Improvement Law No. 27 of 2009, in addition to monetary and in-kind civil compensation under the Iraqi Civil Code. The article highlights the importance of combining deterrence and remediation to ensure environmental protection and achieve justice for those affected.
Criminal Penalties
Article (32) of the Iraqi Environmental Protection and Improvement Law provides that the penalty may be a fine, imprisonment, or both. These penalties aim to deter individuals and entities that commit acts harmful to the environment and are subject to the general principles governing criminal sanctions, as is the case in most international legislations.
Civil Compensation
1. Monetary Compensation
The court resorts to experts to assess the value of environmental damage, and judgments are issued awarding financial compensation that reflects the severity of the damage and its social impact on individuals and society.
2. In-Kind Compensation
This consists of restoring the situation to its previous state or removing the damage entirely. This type of compensation is considered more effective because it stops harmful activities and prevents their recurrence. Iraqi civil legislation, as well as Jordanian legislation, recognizes this right. Article (171) of the Iraqi Civil Code and Article (269) of the Jordanian Civil Code provide for such protection.
Right to Direct Remediation
The injured party has the right, in all cases, to demand restoration of the damage in kind, including returning the situation to what it was before the harmful act occurred.
Regional Comparison
Arab legislations generally agree on the principle of in-kind compensation as an effective means of environmental protection, reflecting a regional trend toward strengthening environmental justice.
Conclusion
Enhancing environmental protection in Iraq requires the practical enforcement of legal provisions through a combination of deterrent penalties and effective compensation mechanisms, ensuring the prevention of repeated harm and the achievement of sustainable development.
For further details, reference may be made to our publication: “Civil Liability for Damages Resulting from Environmental Pollution”, first edition, 2018, published by Zein Legal Publications, Beirut.
Author Profile
Mohammed Saleh Al-Gharabi is an internationally recognized lawyer and legal researcher. He serves as the Managing Director and Authorized Representative of Al-Qadhaa Al-Waqif Law Firm and Legal Consultations. He is a member of the Iraqi Bar Association and an active member of the International Bar Association (IBA). He previously served as President of the Bar Association. He possesses extensive experience in civil, commercial, criminal, investment, administrative, and real estate matters, as well as company registration and trademark registration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
