Iraqi Armed Forces Bill — Structure, Service, Command, Promotions and Reserves

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

1. Iraqi armed forces: The Army, Air Force, Navy, joint formations, reserves, and any federal military formation established by law and subject to the constitutional chain of command.
2. Ministry: The Ministry of Defence.
3. Minister: The Minister of Defence.
4. Commander-in-Chief: The Prime Minister in their constitutional capacity as Commander-in-Chief of the armed forces.
5. Chief of Staff: The Army Chief of Staff.
6. Military service: Regular or reserve service in the armed forces under this Law.
7. Officer: A person holding an officer rank and occupying a military position or duty under the establishment.
8. Other ranks: Non-commissioned officers, soldiers and non-officer volunteers.
9. Reserves: Military personnel not serving on a permanent active basis and entered in mobilisation registers for call-up under the law.
10. Establishment: The approved numerical, rank and functional structure for each formation.
11. Merit: The combination of competence, performance, integrity, leadership, qualifications, discipline and fitness required for service, promotion or command.

This Law aims to establish a unified national framework governing the armed forces, their structure, command, service, promotions and reserves on the basis of professionalism, political neutrality, merit and civilian oversight, and to link personnel strength to a force structure that is affordable, mobilisable and accountable.

The armed forces shall be composed of the components of the Iraqi people, with due regard to balance and representation and without discrimination or exclusion. They shall be subject to civilian authority, defend Iraq, serve neither as an instrument of repression against the people nor intervene in political affairs or the transfer of power. Military formations outside lawful frameworks are prohibited.

First — This Law shall apply to the Ministry of Defence, the armed forces and their personnel, unless a special provision in legislation in force governs a particular federal military formation.

Second — This Law shall not prejudice the separate organisation of non-military security agencies or the regions' powers over internal security forces within constitutional limits.

Third — Where a general provision of this Law conflicts with a special provision in legislation in force governing another military formation, the special provision shall apply within its scope, while the shared constitutional principles remain binding.

The armed forces shall comprise land forces, the Air Force, the Navy, joint commands and formations, military education, training, support and service institutions, and reserves upon mobilisation. No permanent service branch or strategic command shall be established except in accordance with defence needs, the establishment and the budget.

The Ministry shall be responsible for civilian defence policy and administration. The Army General Staff shall be responsible for professional military command, force preparation, readiness and execution of orders issued through the chain of command. The internal organisation shall separate policy, oversight and contracting functions from operational command functions so as to prevent conflicts of interest.

Military orders shall pass from the Commander-in-Chief through the constitutional and lawful hierarchy to the Minister of Defence, Chief of Staff and competent commands according to the allocation of powers. Parallel chains of command and receipt of orders from a party or a political, economic, religious, tribal or foreign body not authorised by law are prohibited.

Operations involving more than one force or service branch shall operate under a joint command with defined powers. Orders for support and transfer of operational control shall be in writing and specify the responsibilities of the supported and supporting commanders and the limits of authority over personnel and resources.

During service, military personnel may not belong to parties or political organisations, engage in election campaigning, or use rank, uniform, weapons, military facilities or resources in political activity. This shall not affect their right to vote under the Constitution and the law.

The Ministry shall adopt admission, assignment and promotion policies that prevent exclusion and discrimination and achieve professional national representation under Article (9) of the Constitution, without fixed party, sectarian or ethnic quotas at the expense of merit and specialist competence.

First — On the Minister's proposal and within defence policy, the Council of Ministers shall approve the overall personnel ceiling and the establishments of principal commands.

Second — Appointment, retention or advancement beyond the funded establishment shall not be permitted except during mobilisation or emergencies under the law.

Third — Establishments shall be reviewed at least once every two years for alignment with missions, resources and officer-to-other-ranks ratios.

The Ministry shall prepare a five-year personnel plan covering needs by branch, rank and speciality, recruitment, attrition and retirement rates, replacement plans and future skills. Unclassified indicators shall be presented to the relevant parliamentary committee in the annual defence report.

An applicant for military service must be Iraqi, have full legal capacity, meet the prescribed age, educational, medical, physical and security requirements, have no conviction for a non-political felony or an offence involving dishonesty or moral turpitude unless rehabilitated, and pass uniform, auditable admission procedures. Instructions shall regulate the details of examinations and limited professional exceptions.

Admission shall be competitive, based on publicly stated criteria, examinations and actual need. Selling places, improper intercession, political interference and collecting any payment not prescribed by law are prohibited. The Ministry shall annually publish applicant and admission numbers by principal pathway, with due regard to personal data protection.

Service shall be organised into pathways for officers, non-commissioned officers, soldiers and volunteers, and technicians and specialists. Regulated movement between pathways shall be possible after meeting educational, training and competitive requirements, to prevent career rigidity and retain technical expertise.

Initial rank or military appointment shall be conferred by order of the legally competent authority after successful completion of the required training. No honorary or exceptional rank carrying service or command entitlements may be conferred without an express legal provision.

On entering service, military personnel shall swear allegiance to the Republic of Iraq and its Constitution, to defend its sovereignty and territorial integrity, obey lawful orders, and safeguard citizens' dignity, state property and service secrets.

The Ministry shall create a secure unified digital record for each member, including military identity, qualifications, postings, courses, assessments, decorations, penalties, leave, injuries, promotions and skills. The record shall be the official basis for career decisions, with personnel entitled to access their unclassified data and correct errors.

All military personnel shall undergo annual performance appraisal against uniform criteria linked to position and rank. The appraiser and reviewing official shall sign the reasons for the rating. Appraisal may not be used as disguised punishment or favouritism. Personnel may challenge an appraisal before a review committee administratively independent of the immediate appraiser.

Professional military education shall be a condition of progression to command. Command, staff and specialist courses, or their equivalents, shall be prescribed for each level. Military colleges and institutes shall meet academic and professional accreditation standards, with civilian or foreign qualifications eligible for recognition under published rules.

Every member of the armed forces shall meet annual training requirements in fitness, weapons, discipline, international humanitarian law, human rights, safety and cybersecurity according to speciality. Readiness may not be certified on paper without documented practical assessments.

Promotion to a higher rank shall depend on an establishment vacancy, fulfilment of minimum service, qualification and fitness requirements, the disciplinary record, and the outcome of merit-based selection. Promotion shall not arise automatically from the passage of time where the requirements of the post and merit are not met.

Periodic promotion boards shall be formed for each category, with the points and weighting system announced in advance. Members shall sign conflict-of-interest declarations and be excluded where a direct relationship or interest exists. Records and reasons for decisions shall be retained for oversight and grievances.

One exceptional promotion may be awarded for a combat action or unique military achievement with a proven impact, by a reasoned decision under rules approved by the Council of Ministers. Exceptional promotion shall not be used to compensate for a shortage of vacancies or for political or personal reasons.

Senior command posts shall be filled on the basis of competence, experience, professional record and qualification for joint command. Instructions shall set tenure and rotation periods for sensitive posts to prevent monopolisation of command and ensure institutional continuity.

The Army Chief of Staff, their deputies and commanders of the principal forces shall be nominated under the Constitution and laws in force following professional, security and financial vetting. Candidates shall provide a service biography and interests and financial declarations under the relevant legislation. Appointment shall observe parliamentary oversight requirements where prescribed by the Constitution or law.

Obedience is required for lawful orders issued by a competent authority. A manifestly unlawful order involving commission of a crime shall not be obeyed; military personnel shall refuse it and report it through a safe channel. Neither the issuer nor the person carrying out an order is exempt from criminal or disciplinary liability where the law provides for it.

Military personnel may not exploit their position for private benefit, improperly intervene in contracts, or hold a direct interest in a supplier or contractor subject to the influence of their position. Financial disclosure and conflict-of-interest rules shall apply according to rank and function, with whistleblowers protected under the law.

Military personnel are entitled to salary, allowances, healthcare, prescribed housing or housing allowances, leave, procedural safeguards in investigations and grievances, and a safe service environment insofar as the nature of duty permits. Their dignity and family rights shall be respected, and discrimination outside the legitimate requirements of the military profession is prohibited.

The Ministry shall establish a unified medical follow-up system for service-related injuries and illnesses, guaranteeing treatment, rehabilitation and occupational readjustment. Disability assessments shall be referred to technically independent medical boards and be open to challenge through established procedures.

The state shall ensure service and promotion opportunities for women on the basis of merit and specialist competence, and provide professional arrangements preventing harassment, exploitation and discrimination. Any restrictions on duties shall rest on objective mission-related requirements, not general assumptions.

The Ministry shall adopt a zero-tolerance policy towards sexual harassment, bullying, humiliation, unlawful violence and abuse of authority, with confidential reporting channels, independent investigation and protection against retaliation against a reporter or witness.

Transfers, secondments and rotation shall be based on service needs and career plans. Reasons shall be given for a transfer having a substantial effect or occurring outside the regular cycle. Arbitrary transfer as a punishment not prescribed by law is prohibited.

Ordinary, sick, study, family and combat leave and absence shall be regulated under this Law in a manner balancing continuity of readiness with personnel rights. Taking lawful leave shall not, of itself, cause unjustified harm to appraisal or promotion.

Service shall end upon acceptance of resignation, retirement, expiry of contract, permanent unfitness, a judgment or sanction requiring discharge, death, or any other reason prescribed by law. Decisions shall give reasons and be open to administrative review and judicial challenge.

Pension rights and gratuities shall be determined under Military Service and Retirement Law No. (3) of 2010, as amended, or any replacement law. This Law shall not be interpreted as diminishing an acquired right whose conditions were fulfilled before its entry into force.

An armed forces reserve shall be established under the Ministry of Defence, composed of the categories defined by law and regulations. Its purpose shall be to provide a force capable of call-up and mobilisation without expanding the permanent force beyond need.

The reserves shall comprise: a ready reserve of former service personnel with current skills; a specialist reserve for medicine, engineering, communications, logistics and technology; and a general reserve according to need. Service age, length of commitment and training requirements shall be defined for each category.

The Ministry shall establish a secure national reserve register recording skills, health status, residence, contact details and mobilisation classification. The register shall be updated regularly and may not be shared for purposes other than defence and mobilisation authorised by law.

The ready reserve shall be called up for short periodic courses to maintain competence. Those called up shall be compensated for income and expenses under regulations, and their civilian employment shall be protected during mandatory training within the limits prescribed by law.

The reserves may be called up wholly or partly by decision of the constitutionally competent authority in war, emergencies or major defence need. The decision shall specify scope, duration and the categories required. Outside exceptional circumstances, open-ended call-up shall not replace sound planning of the permanent force.

This Law shall not impose general compulsory service. If the legislature decides to regulate national service under Article (9/Second) of the Constitution, it shall do so through a separate law specifying rights, obligations, exemptions, alternatives, duration, funding and safeguards.

The Ministry shall maintain an updated national mobilisation plan covering the call-up sequence, assembly centres, equipment, transport, medical support, security screening and demobilisation once the need ends. The plan shall be tested through periodic exercises and the results reviewed.

Personnel, payroll, attendance, promotion, retirement and reserve data shall be periodically reconciled across Ministry records, the Ministry of Finance and competent oversight bodies, using a unique personnel identifier to prevent duplication and fictitious payroll entries, while preserving the confidentiality of defence information.

An inspection and oversight function shall be organised within the Ministry, independent of the chain of command under examination. It shall have access to records and facilities subject to security rules and report to the Minister and constitutional oversight bodies. It shall not itself command operations or conduct the contracting activities it examines.

A unified system of professional complaints and grievances shall allow military personnel to challenge decisions concerning service, appraisal, promotion, transfer and administrative penalties before a higher authority or independent committee, without suspending a lawful operational order. Short periods shall be prescribed for determination and judicial appeal where permitted by law.

Adverse action against a person who reports in good faith corruption, a crime, an unlawful order or a serious safety risk is prohibited. Whistleblower and witness protection mechanisms under laws in force shall apply, with special arrangements for identity and classified information.

The Ministry shall submit an annual unclassified report to the Council of Representatives covering personnel strength, general readiness, recruitment, attrition, promotions, national balance, military education, reserves, injuries and serious violations. A confidential annex may be submitted to the competent committee under the rules for handling classified information.

The Council of Ministers shall issue the regulations required to implement this Law. The Minister may issue instructions and organisational orders within their powers. Rules of general application that do not require security classification shall be published.

From the entry into force of the organisational regulations issued under this Law, and within a maximum of twelve months, the remaining provisions of Coalition Provisional Authority Order No. (67) of 2004 shall be repealed insofar as they govern the Ministry of Defence and armed forces and conflict with this Law. Within the same period, the government shall identify relevant transitional orders and regulations and replace them with national legislation.

First — Military Service and Retirement Law No. (3) of 2010, as amended, shall continue to apply to salaries, allowances, pensions and all other provisions not conflicting with this Law until amended or replaced.

Second — When submitting any bill to amend that Law, the government shall align it with the merit, promotion, reserve, digital record and grievance system established here.

Third — Entry into force of this Law shall not prejudice ongoing legislative procedures concerning the proposed Second Amendment to the said Law. They shall be legislatively coordinated to prevent duplication or conflict.

Valid establishments, ranks and decisions existing when this Law enters into force shall continue. Within eighteen months, the Ministry shall review surplus posts and ranks and vacancies under a transitional plan that includes neither arbitrary reduction in rank nor creation of future rights outside the establishment.

Promotion boards, the points system and electronic records shall be introduced in phases within twelve months. Personnel's previous service and qualifications shall count. Selection decisions that have become final shall not be reopened except for fraud, forgery or a judicial judgment.

Within one year of the Law's entry into force, the Ministry shall establish the reserve register and classifications, beginning with critical skills and recently discharged military personnel. Mobilisation readiness shall not be declared until registration, equipping, training and assessment are complete.

This Law shall be implemented within annual appropriations and a multi-year defence plan. Existing structures, records and resources shall be used before new administrative formations are created. Every expansion of the force or reserves shall be accompanied by a five-year financial estimate covering personnel, equipment, training and pensions.

This Law shall not regulate military court jurisdiction or military offences and penalties except for procedural matters connected with service. Those matters shall remain subject to legislation issued under Article (99) of the Constitution and laws in force until replaced.

Any provision conflicting with this Law shall be repealed to the extent of the conflict. Repeal shall not extend to pension or compensation rights or special provisions governing other formations without an express provision.

This Law shall enter into force ninety days after publication in the Official Gazette, except for provisions with specified transitional periods.