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Nabizada A B. Foundations of Criminal Protection of the Environment. SRQJL 2025; 3 (8) :1-23
URL: http://srqjl.knu.edu.af/article-1-100-en.html

The environment, as the fundamental basis of human and ecological life, has faced increasing threats in recent decades due to large-scale pollution, overexploitation of natural resources, and environmental degradation. The ineffectiveness of civil and administrative mechanisms in addressing these threats has highlighted the need for coercive legal tools, particularly criminal law. This research aims to explore the theoretical and functional foundations that justify criminal intervention in environmental protection. Using an analytical-comparative method, it classifies these foundations into two categories: fundamental-ethical (such as the right to a healthy life, intergenerational justice, and the necessity of ecological restoration) and legal-functional (such as deterrence, protection of natural resources, and controlling the chain effects of environmental damage). The findings indicate that criminal intervention is not only morally and legally legitimate but also essential for achieving environmental criminal policy goals, including prevention, offender rehabilitation, and damage compensation. However, the Afghan legal system faces several challenges, such as the absence of comprehensive legislation, lack of specialized courts, weak law enforcement, and low public awareness, all of which hinder effective criminal protection. In conclusion, the paper provides recommendations such as drafting a dedicated Environmental Crimes Act, establishing environmental courts, and enhancing environmental education to lay the groundwork for a more effective criminal justice response to environmental threats.