National Defence Policy, Military Doctrine and Civilian Parliamentary Oversight Bill

For the purposes of this Law, the following expressions have the meanings set out below:

1. National defence policy: The government's highest defence document, translating national security policy into defence objectives, missions and priorities and defining the overall framework for developing, using, funding and reviewing military capability.
2. Military doctrine: Approved principles guiding armed-force preparation, organization, training, education and employment at strategic, operational and tactical levels, without replacing operational orders or plans.
3. Strategic defence review: Periodic assessment of the strategic environment, threats, missions, capabilities, gaps and resources, informing defence policy and force-development updates.
4. Medium-term defence plan: A multi-year programme linking defence priorities to readiness, personnel, training, armament, infrastructure, maintenance and available resources.
5. Democratic civilian oversight: Military subordination to constitutional civilian authorities, law, budget and parliamentary, judicial and financial oversight, preserving the professional chain of command and preventing party interference in operational command.
6. Classified defence information: Information whose circulation is restricted by law or competent regulation to protect national security, operations, capabilities, sources or protective methods.
7. Competent parliamentary committee: The Council of Representatives' Security and Defence Committee or its lawful successor.

This Law aims to:

1. Establish a permanent legal framework for national defence policy, review and connection to national security policy.
2. Ensure constitutional civilian command, political neutrality and unity of military decision-making.
3. Regulate doctrine preparation, approval and updating while preserving professional military competence and civilian authority.
4. Define parliamentary oversight of defence policy, readiness, spending and senior leadership without transferring operational command to the legislature.
5. Connect defence planning with budgeting, readiness, evaluation, transparency and accountability.
6. Integrate international humanitarian law, human rights and civilian protection into planning, education, rules of engagement and weapons legal review.

First — This Law applies to the Ministry of Defence and Iraqi armed forces in defence policy, doctrine, planning and civilian oversight.

Second — Common principles apply to other forces or security bodies assigned national defence missions or included in joint federal defence plans, to the extent relevant without affecting their special organizational laws.

Third — This Law shall neither expand armed forces' jurisdiction into permanent domestic law enforcement nor diminish regions' constitutional powers over internal security forces within constitutional limits.

Defence policy and doctrine shall uphold Iraq's unity, independence, sovereignty and democratic federal system; civilian authority; defence of Iraq without suppression of its people; political neutrality; prohibition of armed formations outside legal frameworks; federal national security and defence powers; constitutional allocation of powers; rule of law; and accountability for force and public resources.

First — National defence policy shall align with the executive's national security strategy, foreign policy, public budget and Iraq's international obligations.

Second — Defence policy or doctrine may not create state political objectives contrary to national security documents, the Constitution or law.

Third — Conflicting lower-level defence documents shall return to the competent body for correction before approval or continued implementation.

First — Armed forces are constitutionally subject to civilian leadership. The Prime Minister is Commander-in-Chief and exercises powers under the Constitution and laws.

Second — Military orders shall pass through a defined lawful chain. Parallel command channels and operational orders from parties, political blocs or unauthorized domestic or foreign bodies are prohibited.

Third — External cooperation, training or support may not establish foreign command over Iraqi forces beyond what the Constitution, law and effective agreements permit.

Armed forces and personnel shall remain politically neutral. Military status, units, weapons, facilities or resources may not benefit a party, candidate, campaign or political dispute. Confidential professional defence advice to constitutional authorities through official channels is not political interference.

First — The Ministry shall integrate Iraq's binding UN Charter, international humanitarian law and international human rights law obligations into policy, doctrine, education, training, plans and rules of engagement.

Second — Military command shall ensure appropriate legal advice for planning and force, documenting legally significant decisions consistent with military secrecy.

Third — Civilian and civilian-property protection, reduction of incidental harm, target verification and feasible precautions shall be permanent operational principles within applicable international law.

In descending order: national security strategy; national defence policy; strategic defence review; medium-term defence plan; joint and specialist doctrine; then operational plans and orders. Lower documents may not alter powers or rules established by higher documents or law.

To the necessary extent, without exposing operational secrets, national defence policy shall include:

1. Assessment of the strategic environment, defence interests, threats and risks.
2. Armed-force missions, limits of use and deterrence, defence and readiness priorities.
3. Principles of force development, joint operations, mobilization, reserves and sustainment.
4. Priorities for protecting borders, airspace, waters, corridors and strategic facilities within jurisdiction.
5. Policy-level principles for air defence, military cyber defence, electronic warfare, reconnaissance and early warning, without operational detail.
6. Principles for education, training, defence industry, research, development and international cooperation.
7. A multi-year financial framework and principles for prioritization and readiness measurement.
8. Measurable policy-review indicators that do not reveal sensitive details.

First — The Minister of Defence shall prepare draft policy with the Army Chief of Staff and relevant commands, consulting federal bodies responsible for national security, foreign affairs, finance, planning, borders and emergencies as relevant.

Second — The draft shall go to the Commander-in-Chief, then the Council of Ministers for consideration and adoption as government defence policy.

Third — Legal, financial and institutional assessments shall demonstrate consistency with the Constitution, national security strategy and expected resources.

First — National defence policy shall be adopted at least every four years.

Second — Review shall begin within twelve months of a new government's formation if the current document expires or a fundamental strategic change occurs.

Third — The Council of Ministers may order exceptional review on the Commander-in-Chief's or Minister's proposal following a qualitative change in security, obligations or resources.

Fourth — Existing policy continues insofar as constitutionally and legally compatible until its successor is adopted, preventing a planning vacuum.

First — Government shall publish a public policy version stating principles, priorities, missions, the general financial framework and monitoring indicators.

Second — A classified annex may contain assessments, capabilities, vulnerabilities, scenarios and information whose disclosure would specifically harm national security or operations.

Third — Classification may not merely avoid political embarrassment or conceal waste, violations or administrative failure. Decisions remain subject to applicable legal rules.

The Ministry shall conduct a strategic defence review with or before policy preparation, assessing threats, missions, capability structure, readiness, personnel, stocks, maintenance, infrastructure, training, sustainment, international cooperation and priority gaps. Findings shall inform the medium-term plan and funding requests.

First — The Ministry shall prepare a rolling plan of three to five years, updated annually.

Second — The plan shall link missions, capabilities and readiness indicators with investment programmes, lifecycle costs, operations, maintenance and training.

Third — Major armament or infrastructure projects outside plan priorities require a reasoned decision stating necessity, funding and effects on other programmes, respecting budget, contracting and defence procurement laws.

Policy and force-development plans may not rest on unrealistic financial assumptions. With Finance and relevant bodies, the Ministry shall disclose gaps between ambitions and resources, prioritize alternatives and not conceal future operating and maintenance obligations within initial purchase costs.

Doctrine is a unified professional framework guiding thinking, planning, training and joint employment. It is not itself an operational order, authorizes no force beyond constitutional and legal limits and does not prevent adaptation within mission and approved rules.

First — The Army Chief of Staff, through competent doctrine and educational bodies, shall prepare joint and specialist doctrine in consultation with relevant commands.

Second — The Minister shall submit joint strategic doctrine for Commander-in-Chief approval after verifying policy and legal consistency.

Third — Operational and specialist doctrine shall be approved at regulatory levels, consistently with joint doctrine and defence policy.

Fourth — Doctrine shall be reviewed periodically and after wars, major operations, technological changes and new threats.

Doctrine shall integrate land, air and naval forces, Army aviation, air defence and supporting capabilities through joint command and control and interoperable information, communications and logistics, unifying effort and reducing duplication. Organizational details shall follow armed-forces laws and competent regulations.

Within law, doctrine shall prioritize Iraq's sovereignty, independence, territorial integrity, borders, airspace, waters and strategic interests; deterrence and readiness against aggression, armed threats and military-type terrorism; and lawful civil-authority support during disasters and emergencies.

First — Police and law enforcement ordinarily handle daily internal security.

Second — Domestic military support is exceptional, legally authorized and limited by mission, location, duration, command chain and force rules.

Third — Support does not transfer criminal investigation or judicial-police functions to the armed forces except under express law.

The competent military authority shall issue written, understandable rules for each operation type, consistent with mission, national law and applicable international law. They shall define authority for force, escalation, protection, reporting and review, undergo legal review before approval, and allow urgent lawful self-defence measures.

The Ministry shall establish permanent institutional review of new weapons, ammunition and methods before adoption, development or acquisition for use, under Iraq's binding international obligations, particularly prohibitions and restrictions on means and methods of warfare.

Doctrine shall enter college, institute and training curricula covering command, staff, joint operations, international humanitarian law, human rights, professional ethics, resource management and lessons learned. An institutional process shall collect exercise, operation and incident lessons and convert them into traceable training and doctrine updates.

Doctrine and planning shall consider developments in unmanned systems, air defence, electronic warfare, communications, military cyberspace, sensing and data analysis, prioritizing network protection, sustainment, maintenance and operations under supply or communications disruption, without single-source technological dependence threatening independence or readiness.

Within constitutional and legal limits, the Commander-in-Chief exercises supreme command, directs policy implementation, approves joint strategic doctrine, monitors readiness and major operations, ensures a unified command chain and refers matters requiring government decisions, funding, agreements or legislation to the Council of Ministers.

The Minister provides civilian leadership and manages policy, resources and administrative and financial oversight, separating civilian political decisions from technical military command. Constitutionally accountable to Parliament for Ministry performance, the Minister may not bypass the prescribed command chain with tactical unit orders except in legally permitted cases and forms.

The Chief of Staff exercises lawful professional command, provides independent military advice to the Minister and Commander-in-Chief, oversees readiness, training, joint planning and doctrine implementation, and clearly states military risks, required resources and expected outcomes of proposed options.

First — Commanders may give frank professional advice through official channels. Differing assessments are not misconduct unless accompanied by disobedience of a lawful order or prohibited political activity.

Second — Manifestly unlawful orders or orders involving crimes or grave legal violations need not be obeyed. Service, discipline and military justice laws shall regulate objection, reporting and responsibility.

Third — Essential strategic decision and order records shall be preserved for authorized review and accountability.

Government shall establish permanent coordination among Defence and relevant federal security, intelligence, diplomatic, financial and civilian bodies, coordinating with Kurdistan Region and governorate authorities where missions affect their powers or territory, respecting exclusive federal defence and national security powers and other constitutional competences.

This Law does not alter constitutional conditions, majorities or procedures for declaring war or emergency. Defence orders, reports and exceptional powers shall follow the Constitution and law, with parliamentary, judicial and financial oversight continuing insofar as constitutionally and legally permitted.

First — Participation abroad requires competent executive approval, a clear legal basis and defined mission, duration, engagement rules, funding and force status.

Second — Parliament, through its competent committee, shall receive timely notice of substantial foreign missions and information enabling legislative, financial and oversight powers.

Third — Participation amounting to or connected with a declaration of war shall follow special constitutional procedures.

Parliament shall constitutionally oversee policy and Defence Ministry and armed-forces performance, particularly legal compliance, consistency with national security, general readiness, budget execution, major programmes, personnel rights, institutional discipline, constitutionally approved appointments, and operation and emergency reports within constitutional and legal limits.

First — The Council of Ministers shall lodge the public policy version with Parliament within thirty days of adoption.

Second — The classified version or classified summary shall be provided to the competent committee in closed session as necessary for oversight.

Third — Parliament may debate and recommend within its powers, without replacing government policy planning and implementation or Commander-in-Chief authority.

In each year's first quarter, the Minister shall report publicly to Parliament on the previous year: policy implementation, non-sensitive aggregate readiness, training, personnel, spending, major programmes, discipline, serious incidents, international cooperation and oversight-recommendation progress. A classified committee annex may accompany it.

Under parliamentary rules and law, the competent committee may hear the Minister, commanders and officials and request necessary documents and data. Sessions may be wholly or partly confidential to protect classified information, but classification may not block oversight of underlying conduct, expenditure or legality.

First — Parliament's presidency, with competent bodies, shall establish written arrangements for classified defence information's storage, circulation and examination.

Second — Officials accessing classified information shall neither disclose nor exploit it outside oversight, subject to applicable liability.

Third — In withholding disputes, the executive shall give reasoned classification and expected-harm explanations and consider less restrictive alternatives such as secure-site access or redacted summaries.

Constitutional requirements for Cabinet recommendation and parliamentary approval of the Chief of Staff, deputies and division commanders or above shall be observed. Professional biographies and eligibility, integrity and experience criteria shall be provided, without irrelevant information.

First — Defence appropriations shall contain sufficient detail for Parliament to assess major programmes, readiness and sustainment, with a classified annex where necessary.

Second — Estimates shall distinguish personnel, operations, maintenance, training, investment, armament, infrastructure and multi-year obligations as far as possible.

Third — Secrecy may not exempt spending from legal and financial oversight or Federal Board of Supreme Audit review within its powers.

Serious indications of institutional failure, waste, grave violations or incidents of public consequence may trigger constitutional and lawful parliamentary oversight and investigation. The committee shall neither interfere in ongoing judicial investigations nor command units directly, and shall refer suspected crimes to competent authorities.

Oversight grants no member or committee authority to issue operational orders, select targets, direct units or change field plans during execution. Accountability for policy, legality, resources and outcomes remains separate from immediate military command unless otherwise constitutionally or legally prescribed.

The Ministry shall maximize transparency compatible with national security, periodically publishing unclassified policy, general structure, aggregate budget, recruitment, training, lawful contract information, annual reports and non-sensitive oversight results, protecting information whose disclosure causes specific security harm.

A unified Ministry system shall preserve strategic decisions, major programme plans, allocations, amendments and reasons, and evaluation results, enabling competent oversight and courts to trace responsibility and spending under lawful, secure retention, classification and destruction rules.

The Ministry shall strengthen inspection, audit and internal oversight of readiness, discipline, administration, spending and procedural integrity, with sufficient functional independence to access records and report to the Minister and authorized bodies, without replacing external oversight or courts.

Policy and medium-term plans shall set measurable readiness, training, maintenance, sustainment and programme indicators, reporting at appropriate executive and oversight levels. Indicators shall measure outcomes and actual capability, not merely spending or asset numbers.

After major operations and serious incidents, the Ministry shall review lessons, causes, lawful orders, engagement rules, readiness, logistics and protection. Administrative or professional review shall be separate from criminal investigation where offences are suspected, with relevant findings lawfully referred.

This is a framework for policy, doctrine and civilian oversight, not a replacement for laws on military service and retirement, military justice, Popular Mobilization, security and intelligence bodies, defence contracts, emergencies, weapons or budgeting. Regulations and instructions shall align without repealing special-law powers.

When preparing or updating Defence Ministry and armed-forces legislation, the Council of Ministers shall align it with this Law and the Constitution and remove outdated transitional or organizational provisions, preserving continuity of legal positions, operations and service.

First — If no current national defence policy exists at entry into force, preparation shall begin within ninety days and finish within twelve months.

Second — Within one hundred and eighty days, the Ministry shall regulate the doctrine cycle, weapons legal review, annual reporting and general readiness indicators.

Third — Within one hundred and eighty days, Parliament's presidency shall establish classified-information arrangements needed for oversight.

Administrative and organizational obligations shall use lawful existing appropriations unless the Budget Law provides otherwise. This Law itself creates no new formations, posts, allowances or purchasing obligations. Additional costs require prior assessment and lawful budget inclusion.

Within one year of entry into force, the Council of Ministers may issue implementing regulations and the Minister instructions within their powers. Neither may expand force authority or restrict constitutionally or legally established oversight.

This Law enters into force ninety days after publication in the Official Gazette.