The crime of destroying and sabotaging ships and aircraft under Iraqi and Emirati law

Abstract

This research aims to study the crime of destroying and sabotaging ships and aircraft under Iraqi and Emirati law. It is any intentional act aimed at damaging or disrupting a situation that endangers lives, property, or the safety of public transportation. This includes direct action, attempt, participation, and incitement. The research is based on an original question: What is the position of Iraqi and Emirati law on this crime? The research relied on a descriptive, analytical, and comparative approach by analyzing Iraqi and Emirati legal texts and comparing them with relevant international provisions. The results concluded that the Iraqi Penal Code No. 111 of 1969 includes general provisions (Articles 341 and following, particularly 354–359) that criminalize endangering means of transportation and public facilities and increase the penalty to life imprisonment or the death penalty in the event of a death or disaster. However, this remains within a traditional framework that requires updating to keep pace with technological developments and international standards. UAE legislation combines the provisions of the Federal Penal Code with special laws such as Anti-Terrorism Law No. 7 of 2014 and the Aviation and Navigation Security Regulations, providing comprehensive coverage of terrorist or cross-border incidents. Both legislation criminalizes these acts and considers them serious crimes, imposing harsher penalties if they result in death or serious damage. However, UAE law appears more detailed and influenced by international agreements, while Iraqi law is content with a general framework for the protection of public facilities and means of transportation. The study recommends updating legislation to keep pace with technological developments and activating international and regional cooperation to address the cross-border nature of these crimes. It also recommends focusing on preventative measures and more clearly integrating international agreements into national laws