The Punitive Policy of the Legislator in Iraqi Law to Combat Drug Trafficking: Between Reality and the Need for Legislative Amendment

Abstract

This study aims to examine the punitive policy adopted by the Iraqi legislature in addressing the crime of drug trafficking and to assess its effectiveness in curbing the escalation of this phenomenon, which poses a direct threat to public security and public health. The Iraqi Law No. 50 of 2017, amending the Narcotics and Psychotropic Substances Law No. 68 of 2017, introduced stringent penalties—including life imprisonment and the death penalty—for individuals convicted of trafficking offenses, in an effort to deter offenders and limit the spread of such crimes.

However, the study reveals that this strictly punitive approach has not achieved its intended outcomes, as crime rates continue to rise. This indicates shortcomings in preventive, therapeutic, and rehabilitative measures, in addition to weak coordination among security, judicial, and health authorities. The research argues that Iraqi legislation requires a comprehensive revision that takes into account proportionality between the offense and the penalty, and strengthens rehabilitation and social reintegration programs for drug users rather than relying solely on punitive deterrence.

The significance of this research is further highlighted through its effort to identify legislative and institutional gaps that undermine the effectiveness of Iraq’s criminal justice policy—particularly deficiencies in early detection mechanisms, limited regulatory capacity in dismantling trafficking networks, and insufficient resources allocated to psychological and social rehabilitation programs. The study also calls for the adoption of a holistic, evidence-based approach grounded in statistical data and sociological analysis to better understand the factors contributing to the spread of drug use and trafficking, and to design policies that address the underlying economic and social drivers of the phenomenon.

The study concludes that there is an urgent need for an integrated criminal policy that balances punitive measures with prevention and treatment strategies. This should be pursued through amending current legislation to align with international standards, empowering civil society organizations and the media to raise awareness about the dangers of drugs, and enhancing regional and international cooperation in combating trafficking networks—ultimately contributing to the development of an effective framework to reduce the spread of this growing threat.