The Iraqi legislator criminalized acts related to hazardous waste under Environmental Protection and Improvement Law No. (27) of 2009. Article 35 stipulates strict penalties for violations of Article 20 of the law. These penalties include imprisonment, the return of hazardous waste to its place of origin or its disposal in an environmentally sound manner, and obligating the offender to compensate for any resulting damage. Legal Basis of the Crime Related to Hazardous Waste Handling Article (20): Prohibits the transportation, handling, burial, storage, or importation of hazardous and radioactive waste except under strict supervision and control. It also requires the use of environmentally safe methods and obtaining prior approval from the competent authorities. Article (35): Any act that violates these regulatory measures is subject to criminal sanctions, and the offender is liable for compensation for the damage resulting from the criminal act. Definition of the Crime The crime of hazardous waste handling can be defined as: "Any positive or negative conduct that violates national legislation and results from the unlawful handling of hazardous waste." Elements of the Crime 1. Subject Matter of the Crime The object of the crime consists of hazardous waste, whether chemical, radioactive, or any other substances classified within this category. 2. Material Element This element is fulfilled when the offender commits any prohibited act, such as: Handling hazardous waste unlawfully. Illegal storage. Disposal or incineration in a manner that threatens the environment. Transportation or importation into the country without authorization. 3. Moral Element The offender must be aware of the dangerous nature of the act and intentionally engage in it. The crime may also occur through negligence or failure to take the necessary precautionary measures. Penalties The legislator provides for: Imprisonment of the offender. Restoration of the situation to its previous state. Compensation for material and moral damages caused to the environment and individuals. Regulatory Measures 1. Waste Classification The law distinguishes between harmful materials and hazardous waste to prevent their misuse in unlawful activities. 2. International Legal Framework Reflecting Iraq’s commitment to aligning its legislation with international standards, Iraq ratified the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal through Law No. (3) of 2011. 3. Licensing Requirements The law requires obtaining official licenses for handling hazardous waste in accordance with regulations such as the Environmental Protection Law and the Hazardous Waste Management Instructions No. (3) of 2015. Link to the Sustainable Development Goals (SDGs) The prohibition of improper hazardous waste management is closely linked to several Sustainable Development Goals: 1. SDG 3: Good Health and Well-being Preventing hazardous waste contamination protects human health and reduces diseases caused by environmental pollution. 2. SDG 6: Clean Water and Sanitation Reducing hazardous waste leakage contributes to safeguarding water resources. 3. SDG 15: Life on Land Preventing environmental degradation helps preserve biodiversity and protect natural resources. 4. SDG 11: Sustainable Cities and Communities Proper hazardous waste management supports the creation of healthier and more sustainable communities. Conclusion The prohibition of improper hazardous waste handling reflects Iraq’s commitment to environmental protection, public health, and the preservation of sustainable resources for future generations. This approach strengthens the relationship between national legislation and global Sustainable Development Goals, highlighting the importance of sound waste management as an integral part of broader environmental protection efforts. References 1. Iraqi Legislation Environmental Protection and Improvement Law No. (27) of 2009. Hazardous Waste Management Instructions No. (3) of 2015. Law No. (3) of 2011 Ratifying the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 2. International Documents Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 3. United Nations Sustainable Development Goals The 2030 Agenda for Sustainable Development, particularly Goals 3, 6, 11, and 15. 4. Legal and Environmental Sources Environmental studies on hazardous waste management. Legal literature concerning environmental protection in Iraq. Assistant Lecturer Walid Khalid Abdul Kadhim Al-Ghanimi College of Law – Al-Mustaqbal University
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