Nuclear Offences with Environmental Impact in Morocco: Challenges of Prevention and Criminal Sanction

In an international context marked by the predominance of economic imperatives over the demands of sustainability, the issue of criminal liability for nuclear offences with environmental implications has emerged as a central concern of contemporary law. Radioactivity, due to the persistent and transboundary nature of its effects, challenges the traditional mechanisms of legal responsibility. For a long time, international nuclear law was confined to the protection of persons and property, and only belatedly incorporated the environmental dimension—particularly in the wake of the Chernobyl (1986) and Fukushima (2011) disasters, which exposed the structural weaknesses of safety and security regimes. Through an examination of the Moroccan case, this article highlights the gradual evolution of the national regulatory framework relating to nuclear safety and radiological protection. It analyses the constitutional enshrinement of the right to a healthy environment (Constitution of 2011), as well as the legislative mechanisms established by Laws No. 142-12 and No. 12-02. Despite these advances, the Moroccan system remains characterised by a predominance of preventive measures and civil liability, to the detriment of a fully operational punitive approach. The study argues for the strengthening of the criminal dimension of environmental law through the establishment of appropriate sanctions, the specialisation of judicial bodies, and the reinforcement of institutional capacities. It maintains that only the effective integration of the principle of responsibility within the criminal sphere can ensure genuine ecological justice, public safety, and alignment with international standards.