Saher Ibrahim Al-Waleed
Oral/Contributed Speaker
Prof. Dr. Saher Ibrahim Shukri Alwalid is a Professor of Criminal Law at the College of Law, Sultan Qaboos University, Oman. He holds a PhD in Criminal Law from Cairo University, a Master’s degree from the University of Jordan, and an LL.B. from Al-Azhar University – Gaza. He has extensive academic and administrative experience, including serving as Dean of the College of Law at Al-Azhar University – Gaza and Head of the Legal Affairs Department. His areas of expertise include criminal law, criminal procedure, criminology, criminal evidence, and penal theory. Prof. Alwalid has authored numerous books and peer-reviewed research articles, including publications in Scopus-indexed journals. He also contributes as a thesis supervisor, academic reviewer, practicing lawyer, and trainer for judges, prosecutors, lawyers, and police officers.
Criminalization and Punishment under the Omani Law of Living Aquatic Resources: An Analytical Study National statistics in the Sultanate of Oman indicate a steady and significant increase in the contribution of living aquatic resources to the Omani economy over recent years. For example, available indicators show that domestic production from various fisheries sectors, including artisanal, coastal, commercial, and aquaculture activities, increased from 748.357 thousand tons in 2022 to 900.630 thousand tons in 2024. Likewise, the contribution of fisheries exports to the national economy witnessed a substantial rise during the same period, increasing from OMR 468.8 million in 2022 to OMR 583.7 million in 2024. These figures clearly demonstrate the importance of living aquatic resources to production and economic development in Oman, a country distinguished by the richness and diversity of its natural marine resources. Consequently, effective legal protection is required to safeguard this vital economic resource. Given that criminal protection constitutes one of the most significant and effective forms of legal protection afforded by national legislators to safeguard public and private rights, interests, and freedoms, this study employs both the analytical and comparative approaches to examine the adequacy of existing criminal provisions in protecting living aquatic resources in the Sultanate of Oman. To achieve this objective, the study analyzes the provisions of the Omani Penal Code No. 7/2018, the Living Aquatic Resources Law No. 20/2019, and other relevant domestic legislation. The study concludes that the criminalization and punishment provisions established by the Omani legislator are insufficient to ensure adequate protection of living aquatic resources in the Sultanate of Oman. This conclusion is attributable to several factors, most notably the lack of proportionality between the severity of sanctions and the magnitude of harm caused by certain offenses affecting these vital resources and important economic assets. Furthermore, the Omani legislator's adoption of criminal settlement mechanisms without sufficiently clear regulations governing the termination of criminal proceedings arising from such offenses further weakens the effectiveness of criminal protection. Accordingly, the study offers several recommendations, foremost among them the need to strengthen the principle of proportionality between the gravity of violations committed against living aquatic resources and the sanctions prescribed for such offenses. The study also emphasizes the necessity of addressing shortcomings in the regulatory framework governing criminal settlement procedures used to terminate criminal disputes arising from these violations. Keywords: Living Aquatic Resources; Criminal Protection; Criminal Settlement.