Within the realm of Iraqi justice, Civil Law No. 40 of 1951 does not stand idly by in the face of suffocating fumes, but rather transforms into a strong shield that protects the neighborhood from industrial abuse. The civil liability of factories finds its solid foundation in Article (186/1), which established a golden rule: “Any harm caused to others binds the perpetrator, even if not distinguished by liability,” making this text the whip that pursues every facility that believes profit justifies polluting life. Iraqi law, in its spirit of fairness, did not require “gross negligence” but merely the occurrence of “harm,” a principle reinforced by Article 231, which holds “business owners” strictly liable for machinery and objects requiring special care, thereby making air or soil pollution a “presumed fault” requiring compensation unless the factory proves force majeure.
This civil compensation, with its compelling authority, transforms environmental damage from a mere administrative violation into a “personal debt” owed by the polluter, based on Article 204, which deems any infringement causing harm to others to warrant compensation, whether such infringement affects physical safety or deprives people of the right to live in a clean environment. Thus, civil compensation in Iraq becomes a stern message reminding factory owners that “damage must be compensated in kind” (Article 4) and “damage must be remedied” (Article 1213), affirming that the protection of human lungs and the nation’s soil is the supreme goal that takes precedence over the clatter of machinery, so that the Iraqi civil judiciary remains the refuge that restores rights to their rightful owners with fairness that does not deviate from the path of justice.
Prof. Fatima Abdul Rahim Al-Musallamawi
College of Law – Al Mustaqbal University