The Criminal Policy of Iraq Regarding Crimes Involving Artficial Intelligence

Abstract

Artificial intelligence (AI) represents one of the most pressing challenges facing Iraqi criminal policy, as modern applications of this field have generated new patterns of criminal behavior that do not easily align with the traditional provisions of the Penal Code. Such crimes are characterized by complex features, including their transnational nature, the ability to conceal the offender’s identity, and the difficulty of attributing responsibility among the programmer, the user, or the autonomous system itself. Although Iraqi legislation has addressed certain aspects of cybercrime in general, it has not specifically regulated crimes arising from intelligent systems.

Currently, criminal policy relies mainly on legal adaptation, meaning the attempt to fit these acts into existing provisions. This approach raises difficulties concerning both the material and moral elements of crime, in addition to the limited technical tools available for criminal investigation. Moreover, judicial and security authorities lack specialized expertise in analyzing sophisticated digital evidence, which weakens deterrence and preventive mechanisms. Nevertheless, the Iraqi legal framework remains in a formative stage and is capable of development. Progress can be achieved through the adoption of specific legislation on AI-related crimes, the expansion of international and regional cooperation, and the strengthening of digital infrastructure capacities. It is also necessary to establish specialized investigative units and to promote a preventive policy based on awareness and the protection of rights and freedoms.

Accordingly, Iraqi criminal policy can be described as transitional: it has not yet reached a stage of comprehensive regulation, but it possesses the elements needed for further development. Drawing upon comparative experiences—such as French and European legislation—while taking into account Iraq’s social and legal particularities, provides a pathway toward building a more effective and adaptive criminal policy against the challenges posed by artificial intelligenc...