Document Type : Original Article
Author
Assistant Professor,Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran
10.22034/envj.2026.546882.1558
Abstract
Background and Objective:
In recent decades, environmental problems have emerged as one of the most pressing and complex challenges facing humanity. Among the different dimensions of environmental protection, water and soil are particularly significant. They constitute not only the ecological foundation of sustainable development but also the very condition for the continuity of human and non-human life. Their degradation directly threatens food security, public health, and the stability of ecosystems. In Iran, a wide range of crises—such as the scarcity of fresh water, contamination of surface and groundwater, soil erosion, pollution, and the illegal conversion of agricultural land—have created alarming risks for environmental sustainability. Added to these are the consequences of climate change, which further exacerbate existing vulnerabilities. These challenges have pushed policymakers and legal systems to rethink conventional approaches, moving beyond fragmented responses toward a more comprehensive framework. Against this background, the present study aims to analyze both the theoretical and practical aspects of environmental criminal policy, with particular emphasis on water and soil resources, and to design an integrated model that addresses prevention, reaction, and compensation.
Materials and Methods:
The research is based on a descriptive–analytical method and employs an interdisciplinary approach. It relies on a wide range of sources, including domestic and international legislation, policy reports, judicial precedents, comparative studies, and the theoretical literature in environmental criminology and law. A comparative analysis between the Iranian legal system and advanced jurisdictions indicates that relying solely on punitive sanctions is insufficient. Instead, combining criminal measures with civil, administrative, economic, and cultural strategies appears far more effective. The study also draws upon restorative justice theory, precautionary principles, and intergenerational equity, integrating them into the proposed framework. By doing so, the research not only maps the current legal landscape but also identifies gaps and offers constructive pathways for reform.
Results:
The findings suggest that the Iranian environmental criminal policy suffers from serious fragmentation, lack of coordination, and limited effectiveness. Although unlawful exploitation of water resources, illegal land-use change, and other harmful activities have been criminalized, the sanctions provided are often disproportionate when compared with the economic benefits that offenders obtain. As a result, deterrence remains weak, and many violations continue unabated. Preventive and restorative mechanisms, especially those concerning water and soil conservation, remain underdeveloped. Comparative experiences, however, demonstrate that significant progress can be achieved when principles of prevention, precaution, compensation, and intergenerational responsibility are systematically applied. Moreover, the introduction of modern technologies for monitoring and surveillance, the creation of comprehensive databases on soil and water resources, and the active involvement of civil society and non-governmental organizations can greatly enhance enforcement. The results highlight the importance of integrating scientific knowledge with legal tools to ensure that environmental criminal policy is not merely punitive but also corrective and forward-looking.
Discussion and Conclusion:
The discussion emphasizes that environmental criminal policy should be understood as a holistic and multidimensional system. Criminal law undoubtedly plays an essential role, but it cannot by itself ensure environmental protection. A balanced combination of criminal, civil, administrative, and economic measures is required. Restorative and compensatory instruments—such as land rehabilitation, ecological restoration, and obliging offenders to repair damage—should be institutionalized alongside punitive measures. This not only strengthens deterrence but also ensures that harm to the environment is actually repaired, thereby aligning legal responses with the goals of sustainable development. A central dilemma remains the tension between economic development and environmental protection. However, adopting a combined approach allows both objectives to be reconciled in practice. Public participation, environmental education, and cultural change are also indispensable components of long-term success.
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