Criminal protection of the environment Desertification and drought as a model

Abstract

Based on the permanent Constitution of the Republic of Iraq of 2005 and based on Article 33, first paragraph thereof, that every member of Iraqi society has the right to live in sound environmental conditions, we must live in a peaceful environment, and Iraq has lived for many years bad environmental conditions, including desertification and drought, as the Ministry of Water Resources announced the shortage in the amounts of rain falling for several years and repeatedly since (2020) until now, in addition to the decrease in imports from neighboring countries, as One of the reasons for the acute shortage of water storage, and therefore the phenomena of desertification and drought are serious environmental problems, as they have worsened as a result of human factors under harsh climatic conditions, and their results have exceeded regional and international borders, and reached the spaciousness of major global phenomena, since they threaten the natural environment of humans, such as soils producing food, water, clear air, plant and animal life, and from this point of view, the legal system seeks to criminally protect the environment and prevent attacks on it, and it must be preserved, through the development and activation of Legal texts, when agriculture does not rely on the most important modern methods that contribute for years to the depletion of agriculture by 85 percent of agriculture from running water, due to the farmers’ adoption of the mechanism of flooding crops with water instead of the mechanism of drip and automatic irrigation, which led to greater dependence on the water reserve in Iraq, and in order to solve the problem of drought and reduce the percentage of depletion of the Iraqi water reserve, it is necessary to enhance awareness, education and capacity building at the national level with regard to the phenomenon of Desertification and the adoption and application of modern technologies and the promotion of the integration of scientific research in the field of combating the problem of desertification, and governors must prevent the cutting of perennial trees within cities under the law, but the problem in Iraq, requires effective international cooperation and unification of diplomatic efforts in order to combat desertification and drought and ensure tangible change in the future. The private bodies of environmental administrative control have multiple and varied legal methods to protect the public environmental system and use them to achieve the goal of protecting the environment, and that these methods can be returned to the two distinct methods, namely either preventive methods and is to do everything that would protect the environment from the dangers and damage of pollution, or therapeutic methods, which are in the form of administrative and penal sanctions.