Ali Zuweid's Political Programme · Bill · Security, Defence and Sovereignty
Popular Mobilization Authority Bill — Reorganization, Governance and Integration into the National Security System
A federal framework preserving and strengthening the Popular Mobilization as a national military institution through institutionalization and professionalism, unifying command, weapons, funding and doctrine within the state, separating military service from party activity, protecting personnel, martyrs and wounded persons' rights, and opening a lawful route for integrating unofficial armed formations.
Executive Summary
The bill starts from an established legal fact: Popular Mobilization Authority Law No. (40) of 2016 made it part of Iraq's armed forces under the Commander-in-Chief and incorporated Diwani Order No. (91), requiring personnel to sever political and party affiliations and prohibiting political activity within its ranks. The Constitution also prohibits militias outside the armed forces, subjects armed and security forces to civilian leadership and bars political intervention. [1][2]
The 2016 Law was brief and enacted during the war against ISIS. It did not itself establish a detailed, permanent system for structure, governance, command, staffing, training, financial oversight, joint operations and integration. Subsequent legislation reflected this: the Cabinet approved a new bill in February 2025; Parliament held a first reading on 24 March and second-reading discussion on 16 July 2025, before the issue returned in the new parliamentary term. [3][4][5]
On 9 August 2026, Parliament announced it had asked government to send the Authority bill. On 26 August, the Security and Defence Committee discussed personnel service and retirement. On 29 September 2026, the Cabinet approved the Popular Mobilization bill and referred it to Parliament. Legislative need is thus current, not hypothetical. A government bill is active, while the 2016 Law remains effective until Parliament completes new legislation and it is published in the Iraqi Gazette. [6][7][8]
The choice is neither dissolution nor unchanged fragmentation, but strengthening the Popular Mobilization by making the entire force a fully constituted state institution: one operational command, unified staffing and ranks, exclusively state weapons, stores and funding, shared military education, political neutrality, financial, judicial and parliamentary oversight, and firm protection of fighters' rights. Armed groups outside the official framework receive an individual integration route preserving dignity and experience without importing partisan armed command chains into the state.
I — Constitutional and Legal Context
1. The Constitution and Unity of Armed Force
Article (9) provides three directly governing rules: civilian control and political non-intervention of armed and security forces; prohibition of militias outside the armed forces; and respect for Iraq's international obligations. Articles (78) and (80) define Commander-in-Chief and Cabinet powers; Article (110/Second) exclusively assigns federal national security policy and armed-force establishment and management. The Constitution also prohibits shielding administrative decisions from appeal and requires military justice to be regulated by law. [1]
2. The Law in Force since 2016
Popular Mobilization Authority Law No. (40) of 2016 made the Authority part of the armed forces under the Commander-in-Chief, subject to military laws, with personnel severing political, party and social organizational affiliations and political activity prohibited. Supreme Judicial Council studies on military jurisdiction have treated its personnel on this basis. [2]
This framework established formal legality but insufficiently detailed command, finance, armament, intelligence, civilian tasks, oversight and integration. A fuller institutional law is needed so these matters do not depend on scattered orders and instructions.
3. Legislative Status as of 5 October 2026
An earlier government bill underwent readings in 2025; Parliament's sixth term again requested submission in August 2026. On 29 September 2026, the Cabinet announced approval and referral of the bill; on 1 October 2026, the Prime Minister affirmed proceeding with legislation regulating the Popular Mobilization and confirming its place under the Commander-in-Chief. As of this document, no new effective law replacing Law (40) of 2016 appears published in the Iraqi Gazette. This file is therefore a comprehensive repeal-and-replacement proposal, requiring article-by-article consideration alongside any final government text reaching Parliament. [6][8][11]
4. An Existing Institution Needs Workable Organization
The Authority is not theoretical: in 2026 it continued administrative and career placement of personnel and maintained operational commands and deployed units. Transition must avoid command gaps, salary interruptions or lost rights through measurable stages rather than a general administrative slogan. [9]
II — Proposed Legislative Policy
The proposal rests on institutionalization, not dissolution. It retains the Authority as an administratively distinct armed-forces component under the Commander-in-Chief while removing parallel operational, partisan or financial independence. The force and respect for its sacrifices remain; every weapon, order, funding stream, promotion and deployment becomes part of the state system.
| Issue | Legislative Response |
|---|---|
| Popular Mobilization's Status and Sacrifices | Retain the Authority as a federal military institution and protect personnel, martyrs and wounded persons' rights and historical memory |
| Unity of Military Decisions | One Commander-in-Chief chain, joint command for combined operations and no parallel orders |
| Armed Political Activity | Prohibit military party affiliation and political use of uniforms, arms and resources while preserving individual civil rights |
| Unofficial Factions | Individual integration, vetting, weapons surrender and reconstituted units under state orders, rather than importing intact party wings |
| Armament and Stores | State ownership, central inventory, licensed stores and special control of missiles, drones and heavy weapons |
| Overlap with Police and Intelligence | Define a military function without general criminal-investigation authority or a parallel intelligence agency |
| Finance and Economy | Auditable federal funding, no direct accounts or donations, and commercial activity separated from military command |
| Oversight and Accountability | Parliament, the Board of Supreme Audit, courts and oversight bodies; no special courts or functional immunity |
File boundaries: The bill does not reproduce detailed service and retirement, state weapons monopoly or military justice laws, which have separate files. It establishes necessary connecting provisions for the Authority to function legally within the national system.
Third — Popular Mobilization Authority Bill: Reorganization, Governance and Integration into the National Security System
In the name of the people
Presidency of the Republic
Pursuant to approval by the Council of Representatives and ratification by the President of the Republic, and Article (61), paragraph (First), and Article (73), paragraph (Third), of the Constitution of the Republic of Iraq, the following Law is issued:
Popular Mobilization Authority Law No. ( ) of ( )
Chapter One — General Provisions and Legal Status
Article (1) — Definitions
For the purposes of this Law, the following expressions have the meanings set out below: Authority: the Popular Mobilization Authority; Commander-in-Chief: the Prime Minister as Commander-in-Chief of the Armed Forces; Head of the Authority: the Head of the Popular Mobilization Authority; Chief of Staff: the Authority's Chief of Staff; Formation: any command, directorate, brigade, battalion or military, technical or administrative unit on the Authority's official establishment; Member of personnel: military or civilian personnel on the Authority's establishment or lawfully contracted by it; Official weapons: weapons, ammunition and combat systems registered as state property and allocated to the Authority in the government inventory; Integration: incorporating individuals or capabilities from an unofficial armed formation into a state security or military institution after individual vetting, termination of armed partisan affiliation and surrender of unregistered weapons; Chain of command: the sole official sequence for military orders from the Commander-in-Chief to competent commands and units.
Article (2) — Objectives of the Law
- Reorganize the Authority as a permanent national federal military institution within Iraq's armed forces, preserving personnel's sacrifices and lawfully acquired rights.
- Unify military decisions, command, control, planning, deployment and armament within state institutions and Commander-in-Chief authority.
- Convert all formations into a unified professional structure without partisan, factional or non-state personal allegiance.
- Define missions and powers to prevent unregulated overlap with Defence, Interior, intelligence bodies and civilian authorities.
- Provide clear lawful routes for unofficial armed personnel and formations to integrate into state institutions or transition individually to civilian life.
- Strengthen integrity, parliamentary, financial and judicial oversight and citizens' and personnel's rights.
Article (3) — Authority's Legal Status
The Authority is a federal military formation with legal personality and administrative and financial independence within the Constitution, law and federal budget. It is part of Iraq's armed forces under the Commander-in-Chief. Administrative or financial independence creates no operational, political, diplomatic or armament independence from the state.
Article (4) — Governing principles
- Exclusive allegiance to the Constitution, Republic of Iraq, its sovereignty and territorial integrity.
- Constitutional civilian leadership and one military chain of command.
- Political, sectarian and ethnic neutrality; no institutional role in political or electoral competition.
- Weapons, funding, armament and foreign training exclusively through official state channels.
- Professionalism, competence, discipline and merit in service, command and promotion.
- Respect for human rights, international humanitarian law, the judiciary and rule of law.
- Individual and institutional accountability, without immunity from investigation or courts for unlawful acts.
- Balanced national representation of Iraq's communities without command or appointment quotas.
Article (5) — Scope
This Law covers the Authority, military and civilian formations, personnel, funds, assets, contracts, training centres and support units. It does not cover an armed formation, organization or military wing outside the official state establishment merely because it uses a Popular Mobilization name, symbol or historical designation.
Article (6) — National Security System
The Authority shall operate within national defence and security policy approved by the Cabinet and Commander-in-Chief, integrating with Defence, Interior, Counter-Terrorism Service, Iraqi National Intelligence Service, National Security Service, Joint Operations Command and competent bodies. It may not create parallel powers without express legislation.
Chapter Two — Leadership, Governance and Institutional Structure
Article (7) — Commander-in-Chief Powers
The Commander-in-Chief exercises supreme command, issues strategic direction and deployment, operation, redeployment, mobilization and joint-coordination orders, and approves general structure, command establishment and principal plans. No military or security operation may occur outside official orders from the Commander-in-Chief or authorized joint command.
Article (8) — Head of the Authority
The Prime Minister shall nominate the head, submit the nomination to the Cabinet and then Parliament for special-grade approval. The term is four years, renewable once. Integrity, competence and relevant experience are required; party, electoral or commercial office may not be held concurrently.
Article (9) — Head's Powers
- Implement Commander-in-Chief and Cabinet policy and decisions within the Authority's powers.
- Manage administrative, financial and logistical affairs within budget and law.
- Propose structure, establishment, formations and development plans to the Commander-in-Chief through lawful procedures.
- Propose command appointments and senior promotions after competent professional boards' recommendations.
- Represent the Authority before national authorities and institutions within its remit, without independent diplomatic representation.
- Submit annual public reports to Cabinet and Parliament on performance, readiness, expenditure and compliance, with a confidential annex for sensitive operational data.
Article (10) — Chief of Staff
The Chief of Staff is the Authority's highest professional officer, responsible through the command chain for force preparation, readiness, training, organization and operations. Required command education and experience must be met, with appointment following constitutional and statutory procedures for the equivalent military office.
Article (11) — General Staff
The General Staff shall comprise principal departments for operations, planning, training, personnel, logistics, military intelligence, communications, medical and legal affairs and technical oversight. Regulations shall allocate powers to prevent duplication and parallel commands.
Article (12) — Professional Council
A council chaired by the Authority head shall include the Chief of Staff, deputies, principal department directors and legal adviser. It shall consider force structure, establishment, readiness, training, senior promotions, budget and organizational plans. Recorded recommendations do not replace constitutional or Commander-in-Chief powers.
Article (13) — Standard Formation Structure
Military formations shall use state-approved establishment tables, names, ranks and sizes. Internal chains receiving orders, funding or promotions from parties, organizations or persons outside the official hierarchy are prohibited.
Article (14) — Acting Appointments
Acting service as Authority head, Chief of Staff or senior commander may not exceed ninety days except for compelling reasons by reasoned Commander-in-Chief decision. Regular appointment procedures shall be completed promptly.
Article (15) — Unified Institutional Register
A secure digital register shall cover personnel, establishment, ranks, posts, courses, assessments, sanctions, assets, weapons, vehicles and contracts, linked to payments and government inventory to prevent duplication, ghost personnel and unrecorded disposal of state property.
Chapter Three — Missions, Operations and Jurisdictional Limits
Article (16) — Core Missions
- Contribute to defending Iraq, sovereignty and territorial integrity against aggression and armed threats.
- Participate against terrorism, armed insurgency and high-risk threats under joint plans and Commander-in-Chief orders.
- Support border and vital-facility protection when officially assigned.
- Maintain organized mobilization, support and combat-reserve capacity for deployment under state plans.
- Provide engineering, medical and logistical disaster and emergency support upon competent requests and official orders.
- Perform other military missions prescribed by law or constitutionally assigned by the Commander-in-Chief.
Article (17) — Deployment and Movement Orders
Formations may not leave approved bases or sectors on combat or security missions without an operational order from the Commander-in-Chief or authorized joint-command body, defining mission, sector, duration, engagement rules and controlling authority.
Article (18) — Counter-Terrorism
The Authority shall participate under national plans and Joint Operations Command, coordinating with the Counter-Terrorism Service and competent agencies. This creates no exclusive or parallel counter-terrorism jurisdiction.
Article (19) — Borders and Sensitive Areas
The Authority may be assigned support duties at the borders or in high-threat areas. Management of crossings and ports of entry, customs investigations, immigration and border policing shall remain with the legally competent bodies. Military deployment shall confer no civil or financial authority over a port of entry.
Article (20) — Support for Internal Security
The Authority shall not perform routine policing, disperse gatherings, manage demonstrations or conduct general criminal investigations. It may support internal security forces in exceptional circumstances under a written order from the Commander-in-Chief specifying the necessity, duration, jurisdiction, rules on the use of force and command authority, with police forces taking precedence in dealing with civilians.
Article (21) — Disasters and Civil Emergencies
The Authority's engineering, medical, transport and supply capabilities may be used to support civil defence and local authorities in major disasters, without establishing a parallel civil services apparatus or using such support for partisan or electoral purposes.
Article (22) — Prohibited Activities
The Authority's formations shall be prohibited from imposing levies or fees, administering ports of entry or civil disputes, conducting tribal arbitration by force, carrying out property evictions, intervening in elections, protecting private commercial interests or performing security tasks for a party or individual.
Article (23) — Use of Force
The use of force shall be subject to national rules of engagement, the law and the rules governing civilian protection, necessity, proportionality, distinction and accountability. Weapons used in each operation must be entered in the official inventory, and orders must be capable of documentation and post-operation review.
Article (24) — Joint Command
Where the Authority participates in a single operation with formations of the Ministry of Defence, Ministry of Interior or Counter-Terrorism Service, the Commander-in-Chief or Joint Operations Command shall designate the body controlling the operation and the chain of command. All units shall comply with a single operational plan and a common communications and identification-friend-or-foe system.
Chapter Four — Neutrality, Sovereignty and Foreign Relations
Article (25) — Political and Partisan Neutrality
Serving military personnel shall be prohibited from organizational membership of a political party or movement, holding party office, participating in the management of an election campaign or using their uniform, weapons, facilities, resources or military status for political influence. This shall not prejudice their personal right to vote under the Constitution and the law.
Article (26) — Prohibition of Party Military Wings
No party, organization or electoral list may establish an armed wing within or outside the Authority. No formation of the Authority may represent a party or receive orders, funding or binding leadership nominations from it. Continued organizational military affiliation with a party shall preclude integration into the institution.
Article (27) — Prohibition of Independent Foreign Affiliations
The Authority, its formations and its personnel acting in their official capacity shall be prohibited from receiving orders, funds, weapons, ammunition, equipment, salaries, training, intelligence or commitments from a foreign State, organization or person outside the official channels of the Iraqi Government.
Article (28) — International Cooperation
Any foreign cooperation, training, armament or exchange of expertise concerning the Authority shall take place through the Iraqi Government and the competent national bodies, with the approval of the Commander-in-Chief and in coordination with the Ministry of Foreign Affairs where an international obligation or official contact with a foreign State is involved.
Article (29) — Military Media
The Authority shall adopt a disciplined official media policy consistent with the State's security media system. Personnel shall be prohibited from publishing operational information or issuing political positions, threats or military statements on behalf of a formation without authorization. Sectarian, inciting or discriminatory discourse shall also be prohibited.
Article (30) — Identity, Symbols and Designations
Formations shall adopt uniform official designations, numbers and insignia approved by the State. Historical names and symbols may be preserved in museums, records and memorials to honour memory and sacrifices, without becoming a partisan organizational identity or a parallel chain of allegiance within the serving force.
Chapter Five — Service, Professional Leadership and Personnel Rights
Article (31) — Employment Status of Personnel
Military personnel of the Authority shall be members of the armed forces for the purposes of discipline, duties and rights referred to in this Law. Civilian employees shall be subject to public employment and civilian retirement laws unless a special law provides otherwise.
Article (32) — Application of Military Laws
Military personnel shall be subject to the military laws in force governing offences, discipline, procedures and service insofar as they do not conflict with this Law, pending the enactment of a service and retirement law specific to the Authority or the unification of the military service system under a comprehensive law.
Article (33) — Appointment and Voluntary Enlistment
Admission to service shall be based on actual establishment needs, competence, fitness, security vetting and criminal record checks, through officially announced channels. Binding collective lists submitted by a party, group or armed entity shall not be accepted as a substitute for individual assessment.
Article (34) — Leadership Requirements
Command positions shall be filled on the basis of experience, military qualifications, disciplinary record, integrity and leadership ability. Senior positions shall require completion of recognized professional military education programmes or their equivalent within a transitional period specified by regulation.
Article (35) — Regularization of Ranks and Positions
Current ranks and positions shall be reviewed by a joint professional committee comprising the Authority, the Ministry of Defence and the competent bodies, on the basis of actual service, qualifications, responsibility and experience. Honorary or party-conferred ranks shall produce no automatic employment effect. Each member of personnel shall retain the right to object and appeal in accordance with the law.
Article (36) — Promotion and Evaluation
Promotion shall be determined by professional boards and documented service records combining seniority, competence, qualifications, evaluation, conduct, vacancies and need. Exceptional promotion may be granted only under a statutory provision or for a specific, reasoned military ground subject to audit.
Article (37) — Transfers and Exchanges between Institutions
Officers, other ranks and specialists may be transferred or seconded between the Authority and the Ministry of Defence or other federal security institutions with the approval of the competent bodies, ensuring the transfer of expertise and a common professional culture. Legally acquired rights and ranks shall be preserved, and transfers shall not be used for punishment or favouritism.
Article (38) — Rights and Equal Opportunity
Personnel shall be guaranteed rights relating to service, pay, leave, healthcare, retirement, grievances and training. Appointment and promotion standards shall apply without sectarian, ethnic, regional or partisan discrimination, with due regard to national representation of the components of the people in accordance with the Constitution.
Article (39) — Martyrs, Wounded Personnel and Disability
The rights of the Authority's martyrs, wounded personnel, their families and persons with service-related disabilities shall be preserved under the laws in force. Reorganization, unification of the establishment or a change in a formation's designation shall not extinguish an acquired right. Evidentiary rules and medical and service records shall be unified to prevent loss or duplication of entitlements.
Article (40) — Grievances and Whistleblower Protection
A secure internal channel shall be established for grievances, professional complaints and reports of corruption or unlawful orders. Employment-related retaliation against a person making a complaint in good faith shall be prohibited. The internal channel shall not preclude recourse to the judiciary, the Commission of Integrity or the competent oversight bodies.
Article (41) — Service and Retirement
Details concerning age, length of service, pension, retirement and compensation shall be specified by the Authority's service and retirement law or general military service laws. Until the relevant legislation enters into force, existing rights shall continue under the laws in force. This Law shall not create unfunded pension privileges.
Chapter Six — Doctrine, Training and Military Education
Article (42) — National Military Doctrine
The Authority shall adopt the national military doctrine and the State's approved defence policy, and align its command and operational concepts with those of the Iraqi armed forces. No combat doctrine or organizational direction originating from a party, religious body or foreign State may be adopted as a binding authority for the institution.
Article (43) — Training System
The Authority shall draw up an approved annual training plan within the national military training system, covering individual, collective, command, technical, logistical and communications training, discipline, rules of engagement, combat first aid and international humanitarian law.
Article (44) — Military Educational Institutions
The Authority may establish specialized schools and training centres within its establishment and budget. The award of advanced military academic degrees and the provision of command and staff programmes shall be subject to the national military education system and joint statutory accreditation. No parallel institution may be established to award sovereign or academic qualifications outside the State system.
Article (45) — Joint Command Education
A regular pathway shall be allocated for the Authority's officers in recognized command, staff and defence colleges and joint courses. Ministry of Defence officers may also be admitted to specialized courses run by the Authority, strengthening interoperability, common concepts and unity of the chain of command.
Article (46) — Human Rights and International Humanitarian Law
Rules concerning human rights, international humanitarian law, the protection of civilians and civilian objects, the treatment of prisoners of war and detainees, and the prevention of torture and enforced disappearance shall be included in mandatory training. Refresher training shall take place before deployment in operations involving greater contact with civilians.
Chapter Seven — Weapons, Intelligence and Legal Control
Article (47) — Ownership of Weapons and Equipment
Weapons, ammunition, drones, combat systems, vehicles and equipment allocated to the Authority shall constitute State-owned property registered in a central inventory system. No weapon, store, launch platform or combat equipment may be treated as the property of a formation, group or individual.
Article (48) — Storage, Inventory and Control
Weapons and ammunition shall be stored at licensed and secured government sites in accordance with safety standards, and shall be subject to periodic and unannounced inventory checks and digital tracking. Establishing a secret or unauthorized store or transferring weapons to party, religious, commercial or residential premises shall be prohibited.
Article (49) — Specialized Weapons and Drones
Missiles, aerial systems, attack drones, air defence, electronic warfare and heavy weapons shall be subject to central control and special rules for use, storage and licensing approved by the Commander-in-Chief. They may not be operated outside the national command and control network or on the orders of an individual unit.
Article (50) — Military Intelligence
The Authority may collect and analyse military information directly related to its duties and the protection of its forces, within the law and in coordination with the national intelligence community. It may not establish a parallel general intelligence service or monitor lawful political and civil activity outside specifically defined statutory jurisdiction.
Article (51) — Arrest and Investigation
The Authority shall not exercise general criminal investigation powers. A civilian may be arrested pursuant to a judicial warrant or in flagrante delicto, in accordance with the law, during an authorized mission. The action shall be recorded immediately, the competent judicial or security body notified and the person handed over to it without delay.
Article (52) — Places of Detention
Establishing or operating secret or unregistered places of detention shall be prohibited. Any temporary detention required by a military operation shall take place in officially approved premises subject to judicial and legal inspection. Custody of the detainee shall be transferred to the competent body within the period prescribed by law.
Article (53) — Digital Evidence and Information
Evidence, seized items and digital data collected during operations shall be preserved through a documented chain of custody and delivered to the competent investigative or judicial body. No material that may constitute evidence of an offence or violation may be destroyed, altered or concealed.
Chapter Eight — Budget, Integrity and Management of Funds
Article (54) — Budget
The Authority's budget shall be included in the federal general budget under clear headings showing salaries, operations, armaments, maintenance and investment, without disclosing details whose confidentiality is justified by law. No parallel budget or off-Treasury account may be established to finance military activity.
Article (55) — Salaries and Electronic Payment
Salaries and allowances shall be paid to personnel registered in the establishment through auditable government banking or electronic channels. Payment shall be linked to employment identity, biometric data, attendance and actual service to the extent permitted by law.
Article (56) — Financial Oversight and Audit
The Authority's accounts, contracts, funds and assets shall be subject to oversight by the Federal Board of Supreme Audit and the competent oversight bodies. Confidential data shall be provided to authorized bodies under procedures protecting national security without shielding military expenditure from audit.
Article (57) — Procurement and Conflicts of Interest
The Authority's procurement shall be subject to the applicable defence procurement and contracting rules. Commanders and personnel shall be prohibited from participating in contractual decisions in which they, a relative, a partner or an associated entity have a direct financial interest. Interest-disclosure rules shall apply to positions specified by instructions.
Article (58) — Economic and Commercial Activity
Neither the Authority nor its formations shall conduct commercial or investment activities for profit as part of the military chain. They shall not establish or own a commercial company except under a special law specifying its justification and civil and financial governance. During the transitional phase, any existing commercial activities shall be separated from operational command and made subject to general law and financial oversight.
Article (59) — Donations and Non-Budgetary Resources
Direct acceptance of cash or in-kind donations, gifts or grants from individuals, companies or foreign entities to finance or arm a formation shall be prohibited. Any gift accepted by the State for the Authority shall pass to the Treasury or government stores pursuant to an official decision and full inventory and oversight procedures.
Chapter Nine — Oversight, Accountability and the Rule of Law
Article (60) — Parliamentary Oversight
The Council of Representatives shall oversee the Authority through its competent committees and constitutional instruments. The Security and Defence Committee may request non-operational documents and invite the Head of the Authority and its senior officials to hearings. Classified information shall be provided in closed sessions or confidential annexes under applicable legislation and rules on information confidentiality and protection whenever disclosure would harm national security.
Article (61) — Internal Inspection and Compliance
A professional inspection and compliance department shall be established within the Authority, administratively reporting to its Head and enjoying functional independence in administrative investigations. It shall examine discipline, readiness, assets, contracts and complaints, and refer matters involving suspected offences to the competent body.
Article (62) — Accountability and Absence of Immunity
Military status, rank or office shall confer no immunity from investigation or trial. Military offences shall be referred to military courts in accordance with the law. Offences which the law assigns to civilian courts shall be referred to the competent courts. No special courts subordinate to the Authority shall be established.
Article (63) — Complaints and Violations
The Authority shall record serious allegations of unlawful killing, torture, disappearance, seizure of property, abuse of authority or corruption and immediately refer them to the judiciary or the competent investigative body, protecting whistleblowers, victims and witnesses in accordance with the law.
Article (64) — Institutional Transparency
The Authority shall publish annual non-confidential information on its general structure, total funded establishment, approved expenditure, unclassified audit findings, training programmes and supporting civil activities. Military secrecy shall not be used to conceal financial or administrative wrongdoing or violations of rights.
Chapter Ten — Integration, Transitional and Final Provisions
Article (65) — Transitional Enumeration and Audit
Within six months of this Law's entry into force, the Authority shall complete an enumeration of all personnel, formations, sites, weapons, contracts, assets, ranks and financial records, and reconcile them with State databases. The results shall form the basis of the new establishment, employment regularization and final inventory.
Article (66) — Integration Pathway for Unofficial Armed Formations
Within ninety days, the Government shall establish a time-limited legal window enabling individuals belonging to armed formations outside official institutions to choose individual integration into the Authority, Ministry of Defence or Ministry of Interior according to need and qualifications, or transition to a civilian pathway, without recognizing the continuation of armed party leadership within the new institution.
Article (67) — Individual Vetting of Applicants
Every applicant for integration shall undergo verification of identity, age, qualifications, experience, criminal, security and health records, and partisan military commitments. Prior civilian political affiliation shall not in itself preclude civil rights, but admission shall require the termination of any armed organizational affiliation or non-governmental chain of command.
Article (68) — Surrender of Weapons and Materiel
Completion of integration shall require the registration and surrender to a joint official committee of all weapons, ammunition, stores, vehicles and combat systems not recorded in the government inventory. These shall become State property or be destroyed in accordance with the law and technical standards.
Article (69) — Reconstitution of Units
The collective experience of some combatants may be used when they are reassigned. However, new units shall be formed by State orders with official designations, establishments and commanders. Party leadership, private funding, organizational allegiance or the right to select a commander shall not automatically transfer with the integrated group.
Article (70) — Those Refusing Integration
After the transitional period ends, no armed formation outside State institutions shall acquire legal status under this Law. Bearing arms, armed activity and possession of unlicensed weapons shall be subject to the laws in force, without creating immunity or an implied amnesty for past offences.
Article (71) — Supreme Reorganization Committee
The Commander-in-Chief shall establish a temporary supreme committee chaired by a representative of the Commander-in-Chief and comprising the Authority, the Ministries of Defence, Interior, Finance and Planning, the National Security Advisory, the competent agencies and the Federal Board of Supreme Audit. It shall oversee the transition plan, enumeration, structure, establishment, rank regularization, inventory and integration, and submit quarterly reports to the Council of Ministers.
Article (72) — Protection of Acquired Rights
Reorganization shall not result in the discontinuation of any salary, pension or compensation legally due to a member of personnel, martyr, wounded person or their family. Incomplete cases shall be addressed through legal and audit committees, while preventing unlawful receipt of two or more salaries for the same service.
Article (73) — Funds, Contracts and Obligations
The Authority's lawful rights, obligations and contracts shall continue, subject to legal and financial review. Any funds or assets proven to have been allocated to the Authority or its formations for service purposes shall pass to the State. Unlawful contracts shall be corrected or terminated in accordance with the law, with due regard to the rights of third parties acting in good faith.
Article (74) — Repeal and Harmonization
Popular Mobilization Authority Law No. (40) of 2016 shall be repealed from the date this Law enters into force. Conflicting provisions, instructions and orders shall be repealed or amended. Non-conflicting regulations and instructions shall remain temporarily in force pending replacement.
Article (75) — Regulations and Instructions
The Council of Ministers shall issue the regulations necessary to implement this Law on the proposal of the Commander-in-Chief and the competent bodies. The Head of the Authority shall issue internal instructions within the scope of competence. No regulation or instruction may create a power, penalty or financial resource not provided for by law.
Article (76) — Entry into Force
This Law shall enter into force ninety days after publication in the Official Gazette. The principal reorganization procedures shall be completed within eighteen months of its entry into force. The Council of Ministers may extend a specified period once, by no more than six months, for documented technical reasons presented to the Council of Representatives.
Statement of reasons
In recognition of the sacrifices of Popular Mobilization personnel and their role in defending Iraq and combating terrorism; to develop the legal framework established by Popular Mobilization Authority Law No. (40) of 2016 into a permanent institutional structure ensuring unity of command, weapons, funding and military doctrine; to safeguard the rights of personnel, martyrs and the wounded; to separate military service from partisan activity; and to regulate duties, oversight, accountability and integration within the national security system, this Law has been enacted.
Fourth — Explanatory Memorandum
1. Why Is the 2016 Law Insufficient?
The 2016 law fulfilled an important historical function: it brought Popular Mobilization within the State framework, placed it under the Commander-in-Chief and military laws, and required disengagement from political parties. However, it is a brief law born in wartime and cannot by itself resolve the questions of a permanent State: who owns the weapons and stores? How are commanders appointed? Who oversees the budget? What are the limits on arrest and investigation? How does the Authority work with the army and police? How are those outside the official framework integrated? The new law answers these questions without discarding the legitimacy established by its predecessor. [2]
2. Strengthening Popular Mobilization Means Strengthening Its Institution
Military strength is not measured solely by the number of rifles. A stronger institution is one whose personnel establishment, weapons, budget and readiness the State can ascertain, whose leadership can deploy it under a single order, and whose personnel know their rights and career paths. The proposal therefore preserves the Authority while transforming it from an umbrella under which multiple organizational identities may coexist into a State force governed by a single standard.
3. Political Leadership Is Separate from Military Service
The Constitution itself prohibits the armed forces from intervening in politics. The ban on partisan activity therefore targets neither an opinion nor a component of society; it applies the State's rule to everyone. Anyone wishing to engage in politics may leave military service in accordance with the law. Anyone choosing military service shall receive orders, promotion and funding exclusively from the State.
4. Integrating Factions Does Not Mean Bringing Them Inside as Armed Parties
The proposal opens a practical route for those bearing arms outside the official framework: individual vetting, assessment of competence, surrender of unregistered weapons, then entry into the Authority, Ministry of Defence or Ministry of Interior according to need. Collective experience may be preserved when units are formed, but command, operational designation and funding become the State's responsibility. This arrangement protects combatants from exclusion and the State from dual chains of command.
5. Defining Duties Prevents Conflict with Other Institutions
After reorganization, Popular Mobilization would be a broad military force capable of support, deployment, counter-terrorism, defence and border duties, but not a second police force, Counter-Terrorism Service or intelligence service. The proposal therefore restricts routine internal security and criminal investigation activities and places joint missions under clear command orders.
6. Specialized Weapons under Central Control
Missiles, drones, air defence and electronic warfare are strategic capabilities whose use cannot be left to an individual unit's decision. The proposal does not deny the Authority these capabilities when the State needs them. It places their acquisition, operation and storage within the national command and control network, turning specialized capabilities into strength for the State as a whole.
7. The Judiciary Must Not Be Subordinate to the Military Institution Whose Actions It Investigates
The proposal does not establish a “Popular Mobilization court” administratively subordinate to the Authority. The Constitution provides for military courts to be regulated by law and prohibits special courts. Military offences therefore remain before the military judiciary established by law, and civilian offences before the competent courts. This rule protects combatants from exceptional procedures and citizens from the conflict inherent in an institution being both party and judge. [1]
8. Separating the Economy from Military Command
Extensive commercial activity creates a conflict between the armed force's mission and market interests, exposing expenditure and contracts to legal and financial risks. The proposal does not prohibit the State from benefiting from public companies or engineering capabilities historically associated with the institution. It rejects making a commercial company part of the combat chain of command or a source of military funding outside the Treasury.
9. Rights Must Not Be Lost in Transition
Any military reorganization fails if personnel feel that the law threatens their salary, pension or family entitlements. The proposal therefore expressly safeguards the continuation of lawful rights, makes rank regularization subject to challenge, and separates structural reform from any diminution of the rights of martyrs and the wounded.
10. International Obligations Are Part of Sovereignty, Not Its Opposite
Iraq has been a party to the four Geneva Conventions since 1956 and to Additional Protocol I since 2010. Incorporating international humanitarian law into training and discipline protects Iraqi military personnel and strengthens the State's legitimacy in war; it does not transfer decision-making authority abroad. [10]
V — Harmonization with Existing Legislation and Processes
| Reference | Status | Effect of the Proposal |
|---|---|---|
| Constitution of the Republic of Iraq, 2005 | Civilian leadership; prohibition of militias outside the armed forces; federal security jurisdiction; military justice regulated by law | Direct implementation of these principles without constitutional amendment |
| Popular Mobilization Authority Law No. 40 of 2016 | The law in force establishing the Authority and placing it under the Commander-in-Chief and military laws | Repealed and replaced with a detailed framework while preserving lawful rights and obligations |
| The Authority bill that underwent two readings in 2025 | An earlier legislative process to regulate structure and powers that did not culminate in a law in force | Compatible provisions may be drawn upon and reassessed in light of the Constitution and the new parliamentary term |
| Council of Ministers referral of 29 September 2026 | A new government bill referred to the Council of Representatives according to the government statement | This proposal may be merged with it during deliberations to produce a single text and avoid two parallel laws |
| Military Service and Retirement Law and the anticipated special law for the Authority | Regulation of service and retirement rights remains the subject of a separate legislative process | The proposal preserves rights and refers financial and service details to the relevant law |
| Military justice, penal and procedural laws | Regulate offences and procedures of a military nature | Remain in force; the proposal does not establish a judiciary specific to the Authority |
| Proposed State Monopoly on Weapons Law, POL-24 | Addresses weapons outside all official institutions | This proposal addresses weapons within the Authority and integration, leaving general criminalization and licensing to the specialized law |
VI — Transitional Provisions and Implementation Requirements
Principle: Transition is achieved not through a dissolution or renaming decision, but through a process of enumeration, establishment placement, inventory, regularization of command and integration that produces a single institution within a legally defined period.
| Period from Entry into Force | Required Action |
|---|---|
| 30 days | Form the Supreme Reorganization Committee and approve a work plan and risk register |
| 90 days | Issue initial regulations, open the integration window for unofficial personnel and establish rank and establishment criteria |
| 6 months | Complete personnel and biometric enumeration and the central inventory of weapons, sites, contracts and accounts |
| 9 months | Approve the new structure, regularize command positions and unify payroll, stores and communications systems |
| 12 months | Reconstitute units and adopt joint training, doctrine and military education pathways |
| 18 months | Close the transitional phase and publish a government and parliamentary report on compliance, funds, personnel establishment and integration |
Any extension must be technical and specific, not politically open-ended. Existing operational orders shall remain in force during the transition unless revoked or amended, preventing any security vacuum.
VII — Financial and Implementation Impact
Nature of the Impact: The law assumes neither an increase in personnel nor new armaments and therefore provides no unverifiable aggregate financial figure. Direct costs centre on digital and biometric enumeration, inventory and tracking, unification of human resources and payroll systems, professional training, reorganization of stores and the work of transitional committees.
Most of the transition can be funded using existing establishments and infrastructure if resources are reassigned rather than duplicate agencies created. Before any expansion of the establishment or creation of a new command or educational institution, a financial impact statement must identify capital and operating costs for three years and the funding source.
The largest potential positive financial impact cannot be estimated in advance from public data: eliminating duplicate salaries, ending ghost personnel entries, controlling stores, preventing uncoordinated procurement and separating commercial accounts from military expenditure. This must not be recorded as “confirmed savings” before an audit produces actual figures.
VIII — Brief International Comparison
No country exactly matches Iraq's experience, so the proposal does not copy a foreign model. It draws on general principles of security sector reform: civilian leadership, a clear chain of command, separation of the military institution from party competition, official weapons and personnel registers, auditable budgets and a judiciary independent of the chain within which misconduct occurs.
Under international humanitarian law, Iraq's accession to the Geneva Conventions and Additional Protocol I makes training forces in civilian protection and the rules of armed conflict part of an existing national obligation, not an optional addition. [10]
As for integration, the principle best suited to Iraq is integration of individuals and capabilities under State institutions, rather than integration of political loyalties as independent units. This preserves combat experience and sacrifices while preventing the reproduction of a parallel army within the State's army.
IX — Sources and References
- Constitution of the Republic of Iraq 2005 — Iraqi Council of Representatives. Particularly Articles 9, 61, 78, 80, 95, 99, 100, 109 and 110. Official source.
- Supreme Judicial Council — Jurisdiction of military courts. Includes the texts of Popular Mobilization Authority Law No. (40) of 2016 and Diwani Order (91), including the provisions subjecting the Authority's personnel to military laws and requiring political disengagement. Source.
- The Council of Ministers approves the new Popular Mobilization Authority bill and refers it to Parliament. Iraqi News Agency, 25 February 2025. Source.
- The Council of Representatives completes the first reading of the Popular Mobilization Authority bill. 24 March 2025. Source.
- Minutes of Council of Representatives session No. (2), 16 July 2025. Included the report and discussion of the Popular Mobilization Authority bill at its second reading. Official source.
- Iraqi Council of Representatives — Decisions and recommendations of session (8), 9 August 2026. The Council's Presidency announced that it had contacted the Government to request submission of the Popular Mobilization Authority bill for enactment. Official source.
- Iraqi Council of Representatives — Security and Defence Committee meeting, 26 August 2026. Addressed the service and retirement law for Popular Mobilization personnel as part of the security package. Official source.
- The Council of Ministers votes on the Popular Mobilization bill and refers it to the Council of Representatives. Statement of the Prime Minister's Office as published by the National Iraqi News Agency, 29 September 2026. Source.
- The Popular Mobilization Authority resumes administrative establishment-placement procedures for personnel. Iraqi News Agency, 20 May 2026. Source.
- International Committee of the Red Cross — IHL Treaties: Iraq. Status of Iraq's accession to the four Geneva Conventions and Additional Protocol I. ICRC.
- Prime Minister: the first of October marks a serious beginning in addressing weapons outside State control. Iraqi News Agency, 1 October 2026; includes confirmation of proceeding with legislation regulating Popular Mobilization within the security system and under the command of the Commander-in-Chief of the Armed Forces. Source.
POL-23 · Security, Defence and Sovereignty · Ali Zuweid's Political Programme · 5 October 2026