Policy and Judicial Approaches to Environmental Crimes in Post-Revolution Iran

Today, the alarming and disorganized state of the environment in the developing country of Iran is the main reason for the growing attention to environmental damage and its components, including water, soil, air, and living organisms. This requires a comprehensive approach to confront these issues and implement regional preventive actions. In recent decades, environmental protection has become one of the pillars of national security for many countries. In this regard, in addition to Article 50 of the Constitution, Clause 1 of the general environmental policies, which was communicated to the heads of the government branches in November 2015 by the Supreme Leader in accordance with Clause 1 of Article 110 of the Constitution, addresses the importance of environmental preservation and the prohibition of harm, recognizing the right to a healthy environment for all people. The significance of this matter becomes apparent when considering that a large number of deaths each year are due to environmental crimes, which far exceed the number of deaths from traditional crimes.Given the importance of environmental protection, and the fact that many of those who commit environmental crimes are legal entities (such as state-owned companies), the issue of criminal responsibility for such entities has long been a contentious topic. Until the 20th century, the notion of holding legal entities criminally liable was met with skepticism. However, by the mid-20th century, with the expansion of legal entities' activities—especially corporations—and the emergence of environmental crimes, organized crimes, and crimes in transportation, some countries were compelled to adapt their criminal policies to regulate these entities.

Theoretical Framework: 

Environmental Democracy and Collective Responsibility."Environmental Democracy" refers to theories emphasizing that environmental matters should be considered by all those affected by the outcomes of a decision or environmental policy, not just governments and industry owners. This concept highlights the equal right of individuals—including the general public, group representatives, legal advisors, industry owners, workers, government representatives, academics, and health experts—to participate in discussions, oversee the proper enforcement of laws, question authorities, and file lawsuits. The recognition of the need for environmental democracy implies that people have the right to intervene in matters of public interest, just like the right to education, healthcare, housing, and other fundamental human rights.Interest in linking democracy with environmental issues has grown since the 1970s, coinciding with the rise of modern environmental movements. In the late 1980s and 1990s, as political environmental theory matured into a research field, numerous innovative theoretical works emerged to bolster the credibility of environmental democracy. These included research on ecological rationality, green/environmental politics, and deliberative democracy. In the 1990s, several key publications on the relationship between democracy and the environment were released, and during this period, Morrison's (1995) book was the first to explicitly introduce the concept of "Environmental Democracy." This was followed by Mason's (1999) pioneering monograph on the subject. Judicial Policy on Civil Responsibility for Environmental Crimes by State-Owned Companies in IranUnder Iranian law, civil liability for legal entities (such as state-owned companies) is based on fault. Additionally, a distinction is made between governmental and non-governmental actions. Legal entities are only liable for non-governmental actions if the damage results from a defect in the administration's equipment. Regarding environmental damages, it can be said that harmful acts such as environmental destruction or pollution can be caused by either individuals or legal entities (such as companies, factories, workshops, municipalities, etc.). Article "Th" of the Clean Air Act identifies anyone who operates pollution-generating sources, whether for themselves or on behalf of a legal entity, as an "air polluter." Similarly, under Article "Th" of the Executive Bylaw of the Clean Air Act, ratified in 2018 by the Council of Ministers, any natural or legal person operating noise pollution sources is considered responsible for environmental noise pollution.According to Article 19 of the Waste Management Law, ratified in 2004, if the affected party is an individual or legal entity, the judiciary may sentence offenders to pay fines to the state fund and compensate for damages to individuals or government agencies. The term "offenders" in this article applies to both individuals and legal entities. Additionally, Article 13 of the Law on Marine and Border River Protection from Oil Pollution (ratified in 1975) states that any violation resulting in damage to ports, seas, cargo, or other coastal facilities in Iran or to aquatic life and natural resources will lead to a judicial ruling for compensation.Judicial Policy on Administrative Enforcement for Environmental Crimes by State-Owned CompaniesRegarding administrative enforcement against state-owned companies causing environmental harm, it should be noted that traces of such enforcementcan be found in environmental laws. These administrative measures can be applied to pollutingentities. For instance, Article 11, Clause 3, of the Clean Air Act (ratified in 2017) requires large and medium-sized projects subject to environmental evaluations to install and operate online monitoring systems and send updated information to the Environmental Monitoring Center. The issuance and renewal of their operating licenses depend on compliance with this clause.Environmental Policy and Proposed Recommendations in Iran.Overall, Iran's environmental policies after the Islamic Revolution have been influenced by various internal and external factors, including economic, political, social, and demographic issues. These factors have affected the goals and programs of the Department of Environment and other organizations involved with environmental issues during different periods of the post-revolution era. It is challenging to confidently claim that Iran has had a unified and consistent environmental policy over the years. Instead, Iran's environmental policy has fluctuated in response to the country’s evolving economic, political, and demographic conditions.

This study explores policy and judicial approaches to environmental crimes in post-revolution Iran. Governments are both contributors to environmental pollution and, by their governing responsibilities, protectors of the environment. The study asserts that Iran is no exception in this regard. The Iranian legislator, considering Article 50 of the Constitution, has attempted to draft and pass specific laws and regulations to ensure environmental protection and sustainable development while preventing environmental degradation. This article highlights those environmental issues in Iran are cross-sectional, meaning all individuals and legal entities are required to address environmental concerns within their capacity. Since criminal legislation rests in the hands of the government, if environmental damages are not criminalized, the path to committing these crimes becomes easier.