Criminal Liability of Drone Operators A Comparative Study Between Iraqi Law and Egyptian Law

Unmanned Aerial Vehicles (commonly known as and henceforth Drones) have become one of the modern technological means that have entered various civil, military, and commercial fields, which has led to the emergence of legal and criminal challenges associated with their use, especially with the increase in crimes committed using them, such as espionage, invasion of privacy, smuggling, illegal filming, and threatening public security. Criminal protection of privacy is based on the constitutional foundation established for the sanctity of private life, as the 2005 Iraqi Constitution stipulated in Article (17/First) the protection of individuals’ privacy and that it cannot be violated except in accordance with the law. We aim in this study to i) investigate the criminal liability of drone operators in both Iraqi and Egyptian law, ii) to clarify the legal basis for criminal accountability, and iii) to analyze the elements of the crime arising from the use of drones, while highlighting the legislative shortcomings in both legal systems. The research also relies on the comparative analytical method by assessing the relevant legislative and jurisprudential texts, ultimately aiming to propose legislative solutions that contribute to achieving a balance between technological development and the requirements of criminal protection. The research concludes that the Iraqi and Egyptian legislations still need more precise legislative regulation to effectively address crimes arising from the use of drones.