IDEAS home Printed from https://ideas.repec.org/a/arp/tjssrr/2018p156-164.html
   My bibliography  Save this article

Criminal Measures Against Offenders of Environmental Pollution Crimes in Iraq After 2003

Author

Listed:
  • Ameel Jabbar Ashour

    (College of Law, University of Misan - Ministry of Higher Education and Scientific Research, Iraq)

Abstract

A major challenge in the protection of the Iraqi environment from pollution is the difficulty of determining the perpetrator’s criminal responsibility for environmental pollution crimes. As such, there must be a set of legal procedures and punishments to combat environmental pollution crimes. Fixed legal procedures must be followed after a crime is detected and it should include investigations, arrests, court trials and enforcement of the punishment if the perpetrator is found guilty. The Iraqi legislative authority has acknowledged the perils of environmental pollution through the issuance of procedures and laws for the protection and control of the environment. These laws have made the punishments for the offenders more severe in order to serve as a general and private deterrent in order to remove the consequences of violation of the environment and restore the situation. This paper deliberated on the concept of public criminal responsibility in conformity with the Iraqi Penal Code Law No. 111 of 1969, the Iraqi Protection and Improvement of the Environment Act, Law No. 27 of 2009 as well as determined the offender’s criminal responsibility for offenses under the aforementioned laws. Also, there is a statement of the damage the U.S. occupation has inflicted upon Iraq including the pollution of the environment caused by the use of internationally forbidden weapons in 2003. On this matter, the qualitative research method was adopted as this method involves both primary and secondary sources. As such, people from the judiciary and academia who were involved in criminal law were personally interviewed. This study discovered that there are several legal issues and constraints and they are linked to weaknesses of Iraqi laws for the protection of the environment. On top of that, the many sources of environmental protection in Iraq has slowed down the rectification of the constraints and this in turn has significantly affected the determination of the offenders’ responsibilities for environmental pollution crimes.

Suggested Citation

  • Ameel Jabbar Ashour, 2018. "Criminal Measures Against Offenders of Environmental Pollution Crimes in Iraq After 2003," The Journal of Social Sciences Research, Academic Research Publishing Group, pages 156-164:4.
    • Handle: RePEc:arp:tjssrr:2018:p:156-164
    as

    Download full text from publisher

    File URL: https://www.arpgweb.com/pdf-files/spi4.20.156.164.pdf
    Download Restriction: no
    File URL: https://www.arpgweb.com/journal/7/special_issue/12-2018/4/4
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Anonymous, 1969. "I. United Nations," International Organization, Cambridge University Press, vol. 23(4), pages 971-989, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Elizabeth Bartholet, 2011. "Ratification by the United States of the Convention on the Rights of the Child: Pros and Cons from a Child’s Rights Perspective," The ANNALS of the American Academy of Political and Social Science, , vol. 633(1), pages 80-101, January.
    2. Roger R. Betancourt, 1969. "R. A. EASTERLIN. Population, Labor Force, and Long Swings in Economic Growth: The American Experience. Pp. xx, 298. New York: National Bureau of Economic Research (Distributed by Columbia University P," The ANNALS of the American Academy of Political and Social Science, , vol. 384(1), pages 183-192, July.
    3. Dahl, Reynold P., 1971. "Agricultural Development Strategies In A Small Economy: The Case Of Tunisia," Staff Papers 13678, University of Minnesota, Department of Applied Economics.
    4. Bell, Frederick W. & Nash, Darrel A. & Carlson, Ernest W. & Waugh, Frederick V. & Kinoshita, Richard K. & Fullenbaum, Richard F., 1970. "The Future of the World's Fishery Resources: Forecasts of Demand, Supply and Prices to the Year 2000 with a Discussion of Implications for Public Policy," File Manuscripts, United States National Marine Fisheries Service, Economic Research Division, number 233219.
    5. Rott, Nandor, 1981. "Theoretical and Methodological Problems of Income Regulation in the Hungarian Food Economy," Studies in Agricultural Economics, Research Institute for Agricultural Economics, vol. 48.
    6. Tsiboe, Francis & Nalley, Lawton Lanier & Dixon, Bruce L. & Popp, Jennie S. & Luckstead, Jeff, 2014. "Cost-Benefit Analysis of the Cocoa Livelihoods Program in Sub-Saharan Africa," 2015 Annual Meeting, January 31-February 3, 2015, Atlanta, Georgia 195775, Southern Agricultural Economics Association.
    7. Edward L. Glaeser, 2021. "Urban Resilience," NBER Working Papers 29261, National Bureau of Economic Research, Inc.
    8. Bloom, David E. & Canning, David & Mansfield, Richard K. & Moore, Michael, 2007. "Demographic change, social security systems, and savings," Journal of Monetary Economics, Elsevier, vol. 54(1), pages 92-114, January.
    9. Colistete, Renato P., 2010. "Revisiting Import-Substituting Industrialisation in Post-War Brazil," MPRA Paper 24665, University Library of Munich, Germany.
    10. Sakiko Fukuda-Parr & Terra Lawson-Remer & Susan Randolph, 2008. "Measuring the Progressive Realization of Human Rights Obligations: An Index of Economic and Social Rights Fulfillment," Working papers 2008-22, University of Connecticut, Department of Economics.
    11. Yuriy O. Guyvoronskiy & Svetlana A. Karandashova & Elena V. Sirotkina & Anastasia Y. Shishorina, 2014. "The Institutionalization Of The Party System In Russia: Opportunities And Threats At The Elections Of Governors," HSE Working papers WP BRP 17/PS/2014, National Research University Higher School of Economics.
    12. Syed Mubashir Ali & G. Mustafa Zahid, 1998. "Population Planning in Pakistan: How to Meet the Challenge?," The Pakistan Development Review, Pakistan Institute of Development Economics, vol. 37(4), pages 523-540.
    13. Paulson, Jo Ann, 1977. "Rural Labor Policies In The Agricultural Development Strategies Of The People'S Republic Of China," Staff Papers 13594, University of Minnesota, Department of Applied Economics.
    14. Kondwani Msowoya & Kaveh Madani & Rahman Davtalab & Ali Mirchi & Jay R. Lund, 2016. "Climate Change Impacts on Maize Production in the Warm Heart of Africa," Water Resources Management: An International Journal, Published for the European Water Resources Association (EWRA), Springer;European Water Resources Association (EWRA), vol. 30(14), pages 5299-5312, November.
    15. Susan E. Mayer & Leonard M. Lopoo, 2005. "Has the Intergenerational Transmission of Economic Status Changed?," Journal of Human Resources, University of Wisconsin Press, vol. 40(1).
    16. Andrea Bonilla‐Bolaños, 2021. "A step further in the theory of regional integration: A look at the South American integration strategy," Journal of International Development, John Wiley & Sons, Ltd., vol. 33(5), pages 845-873, July.
    17. Marta Białko & Bożena Hoła, 2021. "Identification of Methods of Reducing Construction Waste in Construction Enterprises Based on Surveys," Sustainability, MDPI, vol. 13(17), pages 1-13, September.
    18. Christina Leb, 2015. "One step at a time: international law and the duty to cooperate in the management of shared water resources," Water International, Taylor & Francis Journals, vol. 40(1), pages 21-32, January.
    19. Daron Acemoglu & Simon Johnson & James Robinson, 2005. "The Rise of Europe: Atlantic Trade, Institutional Change, and Economic Growth," American Economic Review, American Economic Association, vol. 95(3), pages 546-579, June.
    20. Kayani, Ashraf K., 1980. "Preparing subnational population projections: a manual for selected indirect methods," Series Históricas 8690, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:arp:tjssrr:2018:p:156-164. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Managing Editor (email available below). General contact details of provider: http://arpgweb.com/?ic=journal&journal=7&info=aims .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.