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Section Environmental Law

The Role of Constitutional Provisions in Protecting Sustainable Development

Peran Ketentuan Konstitusi dalam Melindungi Pembangunan Berkelanjutan
Vol. 20 No. 2 (2025): May:

Iqbal Naji Saeed (1)

(1) College of Mechanical Engineering, University of Technology, Iraq
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Abstract:

There is no doubt that research into the role of constitutional provisions in protecting sustainable development is among the most important topics worthy of attention at all times and in all places. Since the Constitution of the Republic of Iraq for 2005 did not explicitly stipulate the right to sustainable development, but addressed it implicitly in many of its provisions, particularly those related to public rights and freedoms, from this standpoint we demonstrate the extent to which the constitution guarantees protection of the right to sustainable development, due to its connection with multiple branches whether natural, human, or economic. It has become part of the human rights system, international law, and ethics. This interconnection and overlap between environmental and human concepts have led to the crystallization of new obligations, through which the recognition of these rights, the fulfillment of future generations' rights, and the meeting of current generations' requirements have been established. The availability of equal opportunities shapes legal and ethical issues, the distribution of burdens, and the sharing of wealth and natural resources between current and future generations, enabling individuals to live in a dignified, peaceful, and healthy manner while pursuing advanced education and technology.


Highlights:



  • Iraqi Constitution lacks explicit sustainable development rights: Despite indirect references, no clear guarantee exists for future generations’ environmental and developmental rights.

  • Legal and administrative mechanisms are emerging: Iraq has established frameworks like the Iraq Development Fund and passed environmental laws, but enforcement remains weak.

  • Future generations need stronger judicial protection: The absence of direct representation means courts and institutions must expand jurisdiction to uphold intergenerational justice.


Keywords: Constitution, Sustainable Development, Environmental Rights, Future Generations, Legal Responsibility

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Introduction

First: Research Subject: Sustainable development is considered one of the essential topics that countries worldwide seek to provide constitutional guarantees for, as it is a component of the third-generation human rights system. Sustainable development aims to harmonize economic, social, and environmental aspects, which requires strengthening the rule of law to ensure efficient implementation of development plans [1]. Despite global interest in the future since long ago, these are solidary rights, both individual and collective, with a common nature for humanity, such as the right to a healthy and sound environment, the right to peace, the right to humanity's common heritage, and the right to natural wealth and resources [2]. It is completely clear that any action or procedure that could permanently eliminate any of the means necessary to meet those needs and aspirations through any appropriate measure must be avoided [3]. Some constitutions have clearly indicated sustainable development and the necessity of considering the rights of subsequent generations, not being content with mentioning the term development alone or mentioning the dimensions of sustainable development (economic, social, and environmental), but rather ensuring that development is surrounded by the constitutional supremacy enjoyed by other provisions[4]. This is a highly commendable approach, which the Iraqi constitutional legislator did not adopt in the 2005 constitution. This requires including explicit constitutional provisions that support principles of transparency and social justice, alongside preserving natural resources for future generations [5].

  1. Demonstrating constitutional protection for sustainable development as part of the third-generation human rights system called solidarity rights, and its importance in guaranteeing future generations' rights from moral and legal perspectives, so they do not inherit exacerbated environmental problems and issues that cannot be solved, and the importance of preserving the environment and its natural resources and wealth through issuing sound policies for dignified living for current and future generations [6].
  2. Entering into dialogue toward fundamental change in how the international community deals with serious violations of future generations' economic, social, and cultural rights, considering them crimes of international nature no less significant than current crimes, through arranging international responsibility for those acts and behaviors that harm future generations' rights and harm the basis of sustainable development and prevent populations from emerging from poverty and living in safe and healthy environments [7].
  3. Establishing a framework and legal adaptation for environmental protection from pollutants, demonstrating criminal responsibility in case of environmental pollution, and setting deterrent penalties commensurate with the degree of damage to the environment and its natural resources and wealth [8].
  4. Understanding the dimensions, objectives, and principles of sustainable development protection and the obstacles and consequences it faces, and human participation in it as the essential and pivotal part of change toward sustainable development, and demonstrating developmental indicators related to future generations' rights, through attempting to eliminate poverty and hunger, reducing unemployment rates, providing healthcare, education, dignified life, water provision, housing, cognitive and technological progress, and human environmental safety [9].

Second: Study Importance:

Third: Study Objectives: The research came to define the following objectives:

  1. The concept of sustainable development and its constitutional guarantees, and working to achieve justice and equity according to an interconnected temporal link between members of the current generation itself and future generations, and understanding the moral and legal responsibility of the current generation to preserve future generations' rights.
  2. Learning about how to preserve environmental elements and their natural components within the framework of sustainable development activities, investment processes, and the use and exploitation of environmental resources and their natural wealth, and the legal effects resulting from environmental damage and pollution [10].

Fourth: Study Problem: The problem of studying the research subject lies in demonstrating the necessary standards for protecting sustainable development between generations and identifying violations against future generations or their nature and time of commission, which may lead to undermining international criminal justice through impunity for economic, social, cultural, and environmental crimes, whether in peacetime or armed conflicts, in addition to the absence of clear and adequate treatments for protecting future generations' rights, especially at the level of the Constitution of the Republic of Iraq for 2005 [11].

Fifth: Study Methodology: The researcher employed a descriptive-analytical approach to describe sustainable development and the Constitution of the Republic of Iraq for 2005, and to analyze the legal texts of these rights, as well as the legal mechanisms adopted by the Iraqi legislator for their protection.

Sixth: Study Plan: We will address this research in two sections: the first section on national mechanisms for protecting sustainable development, and the second section on legal responsibility resulting from violations of sustainable development. We conclude our research topic with some conclusions and necessary suggestions to provide appropriate constitutional legal protection for sustainable development.

Chapter One

National Mechanisms for Protecting Sustainable Development

Sustainable development is considered one of the essential topics that countries worldwide seek to provide legal guarantees for, as it is a key component of the third-generation human rights system. These are solidarity rights that reflect global interest in future issues. However, moral and legal responsibility toward sustainable development is solidary, both individual and collective, with a common nature for humanity, such as the right to a healthy and sound environment, the right to peace, the right to humanity's common heritage, and the right to natural wealth and resources [12].

The environment in which humans live is considered the place where the rights of future generations are guaranteed, and this environment must have a constitutional basis and a legal system to protect it. Without this legal framework, it inevitably leads to depriving individuals and groups of enjoying their rights [13]. Because this right is the legal framework in which all constitutional rights are exercised, the matter requires institutions that also work to protect the rights of future generations. We will divide this chapter as follows:

First Requirement

Legal Mechanisms for Protecting Sustainable Development

Sustainable development in natural oil wealth (oil and natural gas) is considered among the issues that have received significant attention at both international and national levels, which contributed to concluding many international agreements and conferences that emphasized those rights and called on democratic governments to enshrine these rights within their constitutional legislation and national laws in the form of general and binding rules, to ensure their protection and non-depletion while maintaining their continuity as one of sustainable development. Natural oil wealth is considered one of the fundamental legal pillars for oil states that rely on it for their strength and sovereignty, as well as meeting the requirements and needs of current generations and ensuring sustainable development for them [14]. It has a common nature as it is one of the solidarity rights between current and future generations. We have addressed ensuring sustainable development in oil wealth in the Constitution of the Republic of Iraq for 2005, according to Articles (111, 112) of the constitution and the distribution of their financial revenue proceeds, and the extent of the impact of global oil price fluctuations on sustainable development, as Iraq is among the rentier states. The Constitution of the Republic of Iraq, issued in 2005, also confirmed that natural wealth belongs to the people in all regions and governorates, stipulating that the federal government is responsible for managing it in cooperation with regional governments and oil-producing governorates to develop and advance these resources [15]. It was necessary to issue a law regulating this cooperation in the field of exploration and extraction of these resources between the central government and regional governments and governorate councils in a way that guarantees the rights of all Iraqi people without discrimination or distinction between them [16]. The responsibility for enacting this law lies with the Parliament, which serves as the representative of the people, despite the existence of a draft oil and gas law since 2007. Still, this law has not been issued so far due to the prevailing political and partisan tensions in Iraq, which directly affect the rights of current and future generations to enjoy these natural resources [17]. Article 33 of the Constitution of the Republic of Iraq, adopted in 2005, also affirms the individual's right to live in a healthy and sound environment, and the state guarantees environmental protection and biodiversity. Then, the Iraqi Environmental Protection and Improvement Law No. 27 of 2009 was issued to mitigate and address ecological damage, preserving public health and natural environmental resources, biodiversity, and shared cultural heritage, thereby ensuring rights for future generations and their development [18].

Second Requirement

Administrative Mechanisms for Protecting Sustainable Development

The natural result of constitutional and legislative provisions regarding sustainable development protection is the existence of mechanisms or procedures at the administrative and judicial levels that ensure effective implementation of this protection as follows:

First Branch

Administrative Bodies Specialized in Sustainable Development Protection

Some countries have established sustainable development councils aimed at future needs and ensuring their rights, as well as preparing to deal with post-depletion phases of all reserve resources. In France, the Council for Future Generations' Rights was established under Decree No. 93-298 dated March 8, 1993, which is an advisory body with the President of the Republic to provide advice on integrating the environment into public policies and their consistency with specific objectives for preserving sustainable development within the legal framework [19].

The Iraqi legislator has expanded sustainable development protection in many provisions of Law No. 13 of 2023 (Federal General Budget Law of the Republic of Iraq for fiscal years (2023-2024-2025)), where Article (42/fourth) states: "A fund called (Iraq Development Fund) is established to improve the attractive investment environment and launch sustainable economic and social development with capital of (1,000,000,000,000) (one trillion dinars) considering population representation in non-regional governorates and is linked to the Council of Ministers and enjoys legal personality and financial and administrative independence and branches into specialized funds enjoying legal personality and financial and administrative autonomy, and their formations and tasks are regulated by a system issued by the Council of Ministers" [20].

It becomes clear to us from the above that Iraq, for the sake of a dignified living for future generations, has established a reserve fund that will play a positive role in adopting sustainable development. The objective is to contribute to sustainable development by optimizing the use of public resources, enhancing infrastructure efficiency across all its components, and stimulating private investment and cooperation with Arab and foreign sovereign funds and financial institutions to achieve the state's economic development plans. This effort aims to preserve the rights of future generations to natural wealth and resources [21].

Second Branch

Judicial Bodies Specialized in Sustainable Development Protection

Judicial jurisdiction extends to guaranteeing legal provisions, whether those contained in national legislation or international covenants, and working to ensure the rights and freedoms, as well as their guarantees, contained therein, regardless of whether those rights apply to current or future generations. Therefore, if the people are the source of power, they should be the source of constitutional values and a means to approve them through a constitutional referendum, either at the level of domestic laws or through an agreement between states, if at the level of international agreements. Therefore, there is no dispute that legal content is the result of popular pressures reflected in national laws or international agreements [22].

Various courts can exercise a greater role in protecting sustainable development, whether those courts are constitutional, administrative, or ordinary courts, given that future generations were not participants in building the current constitution, in addition to their aspirations, requirements, and constitutional values they will later believe in being changeable or evolving and perhaps not completely matching what the generation that witnessed building the constitutional document succeeded in achieving. Therefore, it seems that the future generation faces two paths: either to renovate the constitution and work to amend or replace it, and this approach may be difficult, or it may shelter under constitutional judicial protection and request extension of its jurisdiction to guarantee its rights of all types: political, economic, social, and others[23].

The future generation's resort to the constitutional judiciary through its judicial jurisdiction may seem straightforward whenever the current constitution explicitly states sustainable development and their freedoms, as the Egyptian constitution⁸ has followed this approach. However, the constitutional judiciary may face significant or incomplete shortcomings in guaranteeing sustainable development, as the constitution may be devoid of explicit guarantees or may only hint at them in passing. Therefore, determining the extent of the Federal Supreme Court's jurisdiction in guaranteeing sustainable development is challenging, and this difficulty stems from the absence of an explicit provision in the Constitution of the Republic of Iraq that guarantees the rights of future generations, despite the constitution's incidental reference to those rights. Therefore, the Federal Court's jurisdiction in ensuring sustainable development can be through investigating it through constitutional texts' implications and indications, as the Iraqi constitutional legislator did not hesitate to repeat the text on the word "future" in the preamble, and did not hesitate to declare the rights of "youth", which in its linguistic and terminological meaning indicates the new generation [24]. By investigating other guarantees for future generations, there is no objection to deriving sustainable development from economic resources and capabilities and branching it from the state's duty to reform the economy, its duty to invest all resources, and its duty to diversify its sources. It also seems logical to guarantee future generations' right to a sound environment by linking it to the state's duty to protect the environment and biodiversity, and preserve them [25].

However, suppose the advanced derivation is based on logical foundations and draws from explicitly guaranteed rights, as well as other rights that are inseparable from them and are considered their consequences and implications. In that case, the Federal Supreme Court may face a procedural challenge that prevents it from making an advanced inference whenever it adheres to the traditional concept of direct personal interest in accepting cases before it. There is no escape from accepting constitutional cases containing a request to extend the Federal Court's jurisdiction to guarantee sustainable development on condition that the court abandons adhering to the concept of the interest condition in accepting cases limited to its general jurisdiction in guaranteeing constitutional supremacy and elevation in a way that guarantees rights and freedoms for current and future generations. There is no escape from the court's investigation of extending its jurisdiction to guarantee sustainable development and seeking to liberate cases containing this content based on public interest as it can accept the case from persons seeking to guarantee those rights, as long as the future generation was not present at the time of filing the case. Therefore, the case can be accepted from organizations, associations, or institutions that, among their objectives and goals, seek to guarantee sustainable development. Hesitation in accepting advanced logical inference requires demonstrating the current generation's willingness to withhold future generations' rights when agreeing to approve the constitution, as this cannot be accepted based on mere assumption but requires certainty. The coming generation is an extension of the current generation and equals it in legal positions arranged by the constitution. The mission of constitutions is to anticipate the future, and they do not hesitate in their purposes to the past and do not concentrate only on the present.

Accordingly, the internal system of the Federal Supreme Court in Iraq can be amended to provide opportunities for appealing violations of sustainable development, regardless of whether a direct and current interest is available.

Chapter Two

Legal Responsibility Resulting from Violations of Sustainable Development

The subject of international responsibility for violating the rights of future generations is considered one of the topics that occupy the arena in international law and continuously attracts the attention of scholars, as the existence of this responsibility represents a type of balance between current and future rights. This responsibility is among the most essential principles relied upon to confront violations that harm the rights of future generations, in addition to the legal system being represented in multiple legal bases on which legal responsibility is founded. Despite this, provisions for responsibility for damages affecting sustainable development are achieved, despite the existence of significant difficulties, the most important of which is that future rights are involved, making it challenging to determine responsibility for those damages. Based on the above, we will address this chapter in two requirements as follows:

First Requirement

Nature of Legal Responsibility Resulting from Violations of Sustainable Development

The nature of international legal responsibility extends to the future and applies not only to the past and present, as is the case with traditional international responsibility. Accordingly, Johannes notes that the new dimension of responsibility is linked to the unexpected results of new technologies, which could significantly harm the Earth, deplete resources, and disrupt the balance of environmental systems, ultimately affecting their permanence and harming humanity, particularly in terms of sustainable development¹³. In fact, from the moment humans possess the material power to exterminate nature, a new responsibility emerges related to maintaining humanity, considering that current generations are obligated to leave our earth habitable for future generations¹⁴. Johannes observes that the basis of this future responsibility bears resemblance to parental responsibility toward the newborn, as it is absolute, original, and without prior agreement, characterized by comprehensiveness, which meets all the child's material and moral needs. Parents are obligated to bear duties toward this newborn, who is not subject to any duties but only enjoys rights. Accordingly, current generations are obligated toward the future regarding future generations¹⁵. Johannes clarified the nature of international responsibility for sustainable development as second-degree or indirect responsibility built on the unknown, as humanity is responsible for preserving the Earth to be habitable, meaning it is characterized by current generations' sacrifice for future generations, by anticipating potential dangers and disasters to take all necessary measures to prevent harmful effects that may result in the future based on the precautionary principle. Fear of human activities plays a vital role in awareness of potential risks in the medium and long term, as it bears responsibility.

Accordingly, the nature of international legal responsibility for violating sustainable development is multiple and evolving. For example, transboundary pollution, consumption of common natural resources, and disasters related to nuclear reactors are issues that will inevitably affect future generations' welfare and presuppose future damage. In the same sense, new responsibilities are linked to nature protection and the rights and interests of future generations, and environmental responsibility is essentially an intergenerational responsibility, meaning it is a form of transgenerational responsibility.

From the above, it can be said that the nature of international legal responsibility toward the future has implicit, indirect indications in light of the potential for dangerous uses with dire consequences for the welfare of future generations.

Second Requirement

Legal Effects of Responsibility for Damages to Sustainable Development

The right to a healthy and sustainable environment includes not continuing current consumption patterns and moving toward adequate investment and use of natural resources, as well as not excessively exploiting Earth's productive energy, all of which is necessary to prevent causing economic, social, and ecological debts for future generations. These deferred debts impact mortgage sustainability and are paid by future generations, as they are borrowing from the future and depriving future generations of their legitimate resources. Therefore, a sustainable development strategy is necessary to return all capital, whether material, human, or natural, to maintain future generations' ability to meet their needs at least at the same level as current generations.

Responsibility for damages in sustainable development depends on the idea that we are part of the chain of generations, and the distant future is an integral part of our existence. Therefore, the goal of future responsibility is to secure sustainable development protection by removing the effects of damage violations, and we will show those effects as follows:

First Branch

Obligating the State to Stop Activity Harmful to Sustainable Development

Stopping unlawful activity is considered a form of compensation. It serves as protection for the rights of future generations, as well as preventing any violations that may affect them, and reducing the harm caused by this activity. With presentation, if damage has already occurred, stopping the activity causing it does not compensate for it, but only prevents the occurrence of new damage in the future. Therefore, this effect can only be applied to harmful acts of a continuous nature, as it is not expected to stop harmful acts of a temporary nature, such as a ship dumping its toxic waste in the marine environment, considering that the act ended with the cessation of the dumping process. Then there is no future damage that can be remedied.

International applications in Iraq include those for protecting sustainable development in regulating Iraq's water rights, as the legal aspect between Tigris and Euphrates basin countries is filled with many treaties and agreements regarding water, and these agreements and treaties come according to the following chronological order:

  1. The Lausanne Treaty was signed in December 1920 between Turkey on one side, and France and Britain, the two mandatory powers over Syria and Iraq, on the other side.
  2. The Friendship Treaty signed in March 1946 between Iraq and Turkey, providing for regulating the utilization of Tigris and Euphrates waters between the two countries.
  3. The Economic and Technical Cooperation Protocol was signed in January 1971 between Iraq and Turkey.
  4. The minutes of the Joint Iraqi-Turkish Committee meeting for Economic and Technical Cooperation, signed in December 1980, which Syria joined in 1983, regarding cooperation in controlling pollution of shared waters.
  5. The Syria-Iraq agreement signed in April 1990 stipulated that Iraq's share would be 58% of the water entering the Euphrates River at the Turkish-Syrian border, and Syria's share would be 42% until a final tripartite agreement is reached regarding the river water shares.

From the above, we notice that Turkey seeks to utilize its strategic dominance over the Arab East region and its neighboring geographical countries by leveraging its international relations. The follower of Turkish strategy in managing the shared water file will not miss that these objectives determined Turkish behavior based on economic pillars, which aim to achieve two main goals: forming financial reserves to develop Turkish economies, and using water as a political weapon to achieve its strategic objectives by dealing with it as an influential factor in its relations with Arab neighboring countries, especially Iraq, through establishing the Southeastern Anatolia Project (GAP) which is considered one of the most significant projects in Turkey, a multi-purpose project that Turkey began implementing on Tigris and Euphrates basins and their tributaries, and the Peace Pipelines project that negatively affected Iraq's water share and its significant effects on sustainable development. Undoubtedly, this situation cannot be accepted by Iraq, as it poses real dangers to its agricultural and economic well-being. This calls for a fair agreement with the Turkish side that secures an appropriate share of the waters from the two rivers and avoids similar situations in the future.

Second Branch

Obligation to Repair Damage

Repairing damage refers to all measures taken by the state causing the damage to rid itself of international responsibility. Accordingly, damage repair is a general term that encompasses restoring the situation to its original state before the harmful act occurred. Financial compensation, and also includes declaring the illegality of the destructive act, apologizing for its occurrence, punishing individuals who committed the dangerous act, and taking necessary steps to prevent repetition of any violation of its international obligations and other forms of satisfaction. The obligation to repair damage is considered one of the established principles in international law, and breaching any international obligation requires appropriate compensation. Accordingly, the obligation to pay compensation is regarded as an international legal rule applied as a result of a state's failure to fulfill its international obligations; therefore, compensation is considered a positive act for repairing the damage that occurred. In light of this, repairing environmental damage is regarded as the basic legal consequence resulting from establishing environmental responsibility²² and can be done in two forms:

First - Restoring the situation to what it was "in-kind compensation": Restoring the situation to what it was before damage occurrence or repairing damage by the responsible state returning rights to their owners according to its international obligations according to international law rules, to erase as much as possible all effects resulting from the unlawful harmful act as if it had not been committed. Restoring the situation to its original state is considered the best solution for repairing environmental damage, as it involves returning to the pre-existing condition, thereby restoring the right in kind. Therefore, introducing components equivalent to those that were reduced or destroyed in the damaged ideological system is not considered monetary compensation, but rather a form of damage repair and situation restoration. Therefore, in-kind compensation is represented in the form of obligating the responsible state to restore the situation to its pre-pollution-causing act state and to remove all pollution effects.

It should be noted in this regard the international agreements containing restoration of the situation to what it was before environmental damage occurred, including the Wellington Convention of 1988, concerning regulating activities related to mineral resources in Antarctica, where paragraph (2) of Article (8) states that "the activity operator is responsible for damages to the Antarctic environment... and the activity operator is responsible for compensation when the situation does not return to what it was"²⁵. As stated in the European Convention on Civil Liability for Environmental Damages resulting from transporting dangerous goods, restoring the situation to what it was is proportional to the reality of the environmental situation in its text: "Compensations ruled for environmental damages are determined according to the value of reasonable means taken to restore the situation to what it was regarding the place that was damaged". Many international judicial rulings have resorted to that type of damage repair, highlighting the importance of the role played by restoring the situation to what it was, as the Permanent International Court of Justice confirmed in its ruling in the Chorzów Factory case that it should erase as much as possible all effects resulting from the unlawful act and restore the situation to what it was, as if this act had not been committed. Also among the prominent examples in the field of in-kind compensation is the Palomares incident, whose facts are summarized by a nuclear hydrogen bomb-dropping aircraft of type B-52C belonging to the United States of America colliding with an airplane refueling it in the air in 1967 near the Spanish coast, so four hydrogen bombs containing plutonium and uranium fell with destructive power of 1.5 megatons, equivalent to the destructive power of the Hiroshima bomb. The United States of America removed the imminent danger that threatened the residents of the Spanish village of Palomares by recovering the four bombs, in addition to transferring radioactively contaminated soil from the Spanish coast to the United States of America and burying it in its lands.

From the above, in-kind restitution through restoring the situation to its original state is not possible in cases where environmental damage renders it impossible to rectify the problem as it is, for example, but not limited to, nuclear radiation or factory waste in the air. Then it isn't easy to reassemble them and restore the situation to its original state.

Third Branch

Obligation for Financial Compensation

This is one of the forms of repairing damage resulting from an internationally unlawful act, and in the precise technical sense means paying an amount of money to one of the subjects of international law to repair damage that cannot be repaired in kind by restoring the situation to what it was, and cannot be repaired in any form of damage repair. Compensation is of special importance in filling gaps that cannot be met by restoring the situation to what it was, such as unlawfully polluting the air environment, where it cannot be restored due to pollution elements spreading in atmospheric layers. Therefore, it is the most common pattern of damage repair as it leads to complete damage repair and is a natural result of establishing international responsibility. In this regard, some indicated that monetary compensation includes all damages, whether confirmed or future damages that will occur in the future. For this purpose, some went that compensation must be made for future damages resulting from nuclear tests because "the claiming state doesn't need to prove current damage occurrence, as scientific and medical evidence of damage resulting from atomic explosions is considered sufficient to support the international responsibility claim". Accordingly, in-kind or monetary compensation can be resorted to for repairing damages affecting sustainable development.

Conclusion

The Iraqi constitutional legislator in the 2005 constitution overlooked the subject of sustainable development and the rights of future generations, despite its importance and leading position both internationally and locally. This reflects short-sightedness among the constitution drafters. Constitutional law constitutes the foundation that regulates the work of state institutions and defines the nature of the relationship between authorities and society, making it a decisive pillar in promoting sustainable development. In Iraq, the constitution plays a pivotal role in designing comprehensive development policies that strike a balance between individual and collective rights, particularly under the complex political and economic conditions the country is experiencing. Despite the Iraqi Constitution of 2005 explicitly referring to the state's commitment to achieving "social justice" and "economic development," practical reality reveals significant gaps due to political instability and declining effectiveness of legislative and oversight systems. Sustainable development is among the critical topics that have gained significant attention from countries around the world, as a human right, despite its novelty and absence from the Universal Declaration of Human Rights. The environment is considered a precious jewel containing many natural resources and wealth. It has become a significant concern for the world due to the dangers it faces, resulting from industrial and technological development, as well as human actions in the way of possessing and exploiting its resources and wealth without considering the pollution dangers and their impact on the lives of current and future generations. The right to a healthy and sound environment is among the fundamental modern human rights that aim to preserve human dignity as it represents the vessel in which humans exercise and enjoy their rights, life, and welfare, to live in a healthy and sound environment, as it aims to preserve natural environmental resources, as it reflects stability, to advance the earth and its natural and human resources and meet basic needs of current generations and the necessity of considering future generations' rights from depletion. Iraq suffers from major environmental problems and deterioration in the environmental system, such as desertification and water scarcity, lack of green areas, and rural migration to cities, due to weak environmental services in rural areas, absence of atmospheric monitoring and biodiversity systems, and Iraq's climate change despite Iraq taking, according to available capabilities, many measures to face environmental problems and legislating some laws including Environmental Protection and Improvement Law No. (27) of 2009, with a weak governmental role in environmental activities, the absence of the environmental dimension, and the absence of a media role in spreading and activating a clean, sound, and healthy environmental culture. Protecting sustainable development is a civilized approach that encompasses economic, social, political, and future dimensions, aiming to ensure the welfare of current generations and to continue human life on Earth for future generations to thrive. It is concerned with the fair and equitable distribution of natural environmental resources and the role of humans in the sustainable development process. Crimes violating sustainable development and its security are diverse due to the significant impact they have on the international community and the human environment in general. They may come in the form of war crimes, crimes committed against humanity, and genocide, as they affect economic, social, and cultural rights and cause severe environmental damage. The danger of pollution is among the most significant factors contributing to ecological violations and is not limited to one type. Pollution exists in several forms, including air pollution, water pollution, and soil pollution, resulting in damage that is both current and future, characterized by excessive danger across future generations.

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