The Impact of Artificial Intelligence on the Environment from the Perspective of Iraqi Criminal Law
DOI:
https://doi.org/10.35246/qqb5n306Keywords:
Artificial Intelligence, Environment, Criminal Liability, Impact, Danger, EmissionsAbstract
Artificial intelligence has a two-fold impact on the environment in which humans live. It is positive in preserving the environment by repelling the dangers of machines and technology, on the one hand, and negative in its impact on humans through radioactive emissions, gases, and machines used by these technologically advanced devices locally and internationally and the extent of their impact on humans.
Through this research, we will discuss the Iraqi legislation that dealt with the protection and improvement of the environment and its preservation from dangers, including the Iraqi Penal Code No. 111 of 1969 as amended, the Environmental Protection and Improvement Law No. 76 of 1986, the Environmental Protection and Improvement Law No. 3 of 1997, the Environmental Protection and Improvement Law in the Kurdistan Region No. 8 of 2008, the Environmental Protection and Improvement Law No. 27 of 2009 in force, the Ministry of Environment Law No. 37 of 2008, and Instructions No. 1 of 2013 issued by the Iraqi Ministry of Environment, and the extent of the positive and negative impact of artificial intelligence on the environment and when criminal liability is established.
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Sources and References
First: Legal books:
I. Dr. Mohsen bin Ali Faris Al-Hazmi, The Fourth Industrial Revolution: Medical Achievements and Accompanying Challenges, a research paper published at the International Islamic Fiqh Academy Conference, the twenty-fourth session, Dubai - United Arab Emirates, 2019
II. Dr. Maysoun Khalaf Al-Hamdani, Constants of Criminal Law and Developments in Artificial Intelligence (Exclusions of Criminal Liability as a Model), Journal of the College of Law for Legal and Political Sciences, Volume 13, Issue 47, 2023.
III. John McCarthy, What is Artificial Intelligence, Stanford University, a research paper published at the link http://jmc.stanford.edu/articles/whatisai.html, dated 8/18/2022
IV. Abu Bakr Khawaled Khair al-Din Bozrab, The Effectiveness of Using Artificial Intelligence Applications to Confront the Corona Virus (Covid-19) South Korea's Experience as a Model, a published research in the Journal of Management and Economics Research, Volume 2, Issue 2 Special, Year 2020
V. Zeina Malik Arabi, The Risks of Artificial Intelligence on Iraqi National Security, Publication Series of Al-Bayan Center for Studies and Planning, Year 2023.
VI. Dr. Mahdi Hamdi Mahdi al-Zuhairi, Hamad Karim Hamad Karadi, M. Hind Abdul Amir Hamid Alloush, The Role of Environmental Monitors and Environmental Police in Protecting the Environment in Iraqi Law, A Comparative Study, Qa La Zanist Scientific Journal, a scientific journal of the Lebanese-French University - Erbil Kurdistan, Iraq, Volume 8, Issue 3, Year 2023.
VII. Ryan Soft Company for Designing and Programming Special Programs, Artificial Intelligence Applications in the Environment: Ally or Enemy, published on the link raiyansoft.com, publication date 16/July/2024, visit date 27/1/2025.
VIII. Muhammad Abbas Hamoudi Hussein Al-Zubaidi, and Nour Qais Muhammad Shaheen, The Crisis of the Criminal Text in the Face of Artificial Intelligence Crimes, an Analytical Study, Al-Zaytoonah University of Jordan Journal of Legal Studies, Special Issue, 2024
IX. Ali Hussein Jabbar, Criminal Liability for Environmental Pollution Crimes for Natural and Legal Persons and Their Resulting Effects, An Analytical Comparative Study, Iraqi University Journal, Issue 60, Vol. 2.
X. Muhammad Najib Hassani, Explanation of the Penal Code, General Section - General Theory of Crime, Dar Al-Nahda Al-Arabiya, Cairo, 2016.
XI. Muhammad Jibril Ibrahim Hassan, Criminal Liability Arising from the Harms of Using Artificial Intelligence in the Medical Field, an Analytical Study, Special Issue for the International Conference.
XII. Dr. Abdul Moneim Abdul Wahab Muhammad, The Legal System for Protecting and Improving the Environment in Iraqi Legislation.
Second: Judicial decisions:
I. Federal Court of Cassation Decision No. 509/Civil Authority/2025 Decision Sequence 645 Decision Date 1/21/2025.
II. Ministry of Justice - State Shura Council Decision No. 75/2015 Decision Date 7/12/2015 Ministry of Justice website Publication Date 8/20/2015, Visit Date 2/3/2025.
Third: Constitutions, legislation and legal instructions:
I. The Iraqi Penal Code in force No. 111 of 1969 as amended.
II. The Iraqi Environmental Protection and Improvement Law No. 76 of 1986, repealed.
III. The Iraqi Environmental Protection and Improvement Law No. 3 of 1997, repealed.
IV. The Permanent Constitution of the Republic of Iraq for the year 2005.
V. The Kurdistan Region Environmental Protection and Improvement Law No. 8 of 2008, in force.
VI. The Iraqi Environmental Protection and Improvement Law No. 27 of 2009, in force.
VII. Ministry of Environment Instructions No. 1 of 2013.
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