Ali Zuweid's Political Programme · Legislative Proposal · Security, Defence and Sovereignty
States of Emergency, Civil Defence, Population Protection and Continuity of the State Law
A unified federal framework separating disaster management under ordinary laws from a constitutional state of emergency involving exceptional powers, and connecting prevention, civil defence, early warning and continuity of state institutions and essential services with strict safeguards for rights and parliamentary, judicial and financial oversight.
Executive Summary
The Iraqi Constitution establishes a precise mechanism for declaring a state of emergency: a joint request by the President of the Republic and the Prime Minister, approval by a two-thirds majority of the Council of Representatives, a period not exceeding thirty days renewable with fresh approval, and an obligation on the Prime Minister to present the measures and results to the Council of Representatives after the emergency ends. Iraq's legal framework nevertheless remains divided between this constitutional rule, the pre-constitutional Defence of National Safety Order No. (1) of 2004, Civil Defence Law No. (44) of 2013, and several coordination centres, operations rooms and sectoral mandates.
The draft proposes a unified law replacing the 2004 Order and the Civil Defence Law of 2013, while preserving the General Directorate of Civil Defence and existing operational institutions instead of creating a new bureaucracy. It establishes a fundamental distinction: a disaster, epidemic, industrial incident or service collapse does not automatically constitute a “constitutional state of emergency”. Risks should ordinarily be managed under ordinary laws; exceptional powers are activated only when the situation threatens the life of the nation or the integrity of the state and ordinary legal tools are insufficient.
The draft builds an “all-hazards” system beginning with a national risk register, exposure and vulnerability maps, and response and continuity plans; extending through civil defence, early warning, evacuation, shelter, critical infrastructure, reserves and exercises; and concluding with recovery and safer reconstruction. It distributes roles among a national coordinating council chaired by the Prime Minister, the Joint Coordination and Monitoring Centre, the National Operations Centre, the Ministry of Interior's National Centre for Crisis and Disaster Management, and the General Directorate of Civil Defence, requiring the government to issue a matrix preventing overlapping command.
During a constitutional state of emergency, the draft prohibits administrative detention, exceptional courts, general media censorship and blanket communications shutdowns. Every restriction on movement, assembly or property must be defined, reasoned, temporary and open to challenge. Parliament, the judiciary, financial oversight and human rights oversight must continue to operate throughout the emergency, with a public register of exceptional orders, periodic reports to Parliament, and specific rules on procurement, compensation and temporary requisition.
I — Constitutional and Legal Context
Article (61/Ninth) of the Constitution provides for the Council of Representatives to approve a declaration of war or a state of emergency by a two-thirds majority, following a joint request by the President of the Republic and the Prime Minister. It limits a state of emergency to thirty days, renewable with fresh approval, and requires the necessary powers of the Prime Minister to be regulated by a law consistent with the Constitution. Article (46) adds a general rule prohibiting restrictions on rights and freedoms except by or under a law and without impairing the essence of the right.
By contrast, Defence of National Safety Order No. (1) of 2004 preceded the permanent Constitution and regulated emergency powers within a different constitutional and transitional structure. It has remained present in legal literature and practice despite the divergence between it and the mechanism in the 2005 Constitution. Partial amendment is therefore insufficient; a post-constitutional law is needed to expressly define the conditions, limits and safeguards of emergency declarations and end reliance on the old transitional framework.
Civil defence is governed by Law No. (44) of 2013, which defines it as procedures and measures to protect people and property, reduce losses and maintain operations in peace, war and disasters. On 23 August 2026, the Council of Representatives held the first reading of a draft first amendment to that Law, whose reasons focused on prevention, safety, firefighting, violations and provision of response equipment. This reflects a real need to modernise the system. The present draft, however, goes beyond amending seven articles and combines prevention, response, constitutional emergencies and continuity of the state within one framework.
Institutionally, several coordination nodes currently exist: the Joint Coordination and Monitoring Centre in the General Secretariat of the Council of Ministers; the National Operations Centre in the Prime Minister's Office, whose functions were governed by Office Structure Instructions No. (1) of 2025; the Ministry of Interior's National Centre for Crisis and Disaster Management; and the General Directorate of Civil Defence and sectoral operations rooms. The draft addresses this reality by preventing creation of a fourth parallel authority and requiring the Council of Ministers to adopt a command and responsibility matrix specifying who leads, coordinates and supports each type of incident.
II — Proposed Legislative Policy
| Issue | Proposed rule | Purpose |
|---|---|---|
| Disasters and Emergencies | Separate disaster management under ordinary law from a constitutional state of emergency. | Prevent every crisis from becoming a pretext for exceptional powers. |
| Institutional Structure | Use existing centres and agencies and connect them through a national command matrix. | Avoid creating new bureaucracy and multiple decision-making rooms. |
| Civil Defence | Retain the General Directorate of Civil Defence and expand its legal framework to prevention, response and recovery. | Use and modernise existing capabilities. |
| State of Emergency | Constitutional joint request + approval by two-thirds of the Council of Representatives + a period not exceeding 30 days + continuous oversight. | Prevent open-ended delegation. |
| Rights | Prohibit administrative detention, exceptional courts, general censorship and blanket internet shutdowns. | Protect the essence of rights and the rule of law. |
| Continuity of the State | Mandatory plans for constitutional authorities, ministries, critical infrastructure, data and payments. | Prevent an operational crisis from becoming institutional collapse. |
| Financing | An emergency reserve within the budget, not a fund outside the treasury. | Speed while preserving financial oversight. |
| Recovery | Post-incident review and safer reconstruction. | Reduce recurrence of the same losses. |
III — Text of the Bill
In the name of the people
Presidency of the Republic
Pursuant to the enactment of the Council of Representatives under Article (61), paragraph (First), and Article (73), paragraph (Third), of the Constitution, the following law is issued:
States of Emergency, Civil Defence, Population Protection and Continuity of the State Law
Chapter One — Definitions, Objectives and General Principles
Article (1) — Definitions
For the purposes of this Law, the following terms shall have the meanings assigned to them: State of emergency: the exceptional constitutional situation whose declaration is approved by the Council of Representatives under Article (61/Ninth) of the Constitution. Disaster: a serious disruption threatening lives, health, property, the environment or essential services, exceeding the affected body's capacity to respond with its usual resources, without itself constituting a declaration of a constitutional state of emergency. Major incident: a dangerous event manageable under ordinary laws and powers while activating exceptional coordination. Civil defence: the system of prevention, protection, rescue, firefighting, evacuation, shelter, warning and response in incidents, disasters and war. Continuity of the state: the ability of constitutional authorities, institutions and essential services to maintain basic functions and restore them during crises. Critical infrastructure: assets, systems, facilities and services whose disruption seriously affects security, health, the economy, public order or daily life.
Article (2) — Objectives of the Law
This Law aims to establish an integrated federal framework for risk prevention and preparedness, response and recovery for incidents and disasters; regulate exceptional powers during a constitutional state of emergency; protect the population; ensure continuity of constitutional authorities and essential services; allocate responsibilities among existing institutions; and subject exceptional measures to effective parliamentary, judicial and financial oversight.
Article (3) — Distinguishing Disasters from States of Emergency
A disaster, epidemic, security disturbance or service collapse shall not automatically result in a declaration of a state of emergency. Risks, incidents and disasters shall, wherever possible, be managed through ordinary powers under laws in force. The state shall resort to a state of emergency only where the danger threatens the life of the nation or the integrity of the state to an extent that ordinary legal means are insufficient, and in accordance with constitutional conditions and procedures.
Article (4) — Management Principles
Risk and emergency management shall be based on legality, prevention, reasonable precaution, an all-hazards approach, unified coordination, proportionality, the least restrictive means for rights, protection of the most vulnerable groups, transparency, service continuity, defined responsibility, learning from incidents, and avoidance of parallel structures where existing institutions can be used.
Article (5) — Supremacy of the Constitution
No provision of this Law shall be interpreted to permit suspension of the Constitution, disabling of constitutional authorities or creation of a supra-constitutional authority. Every order, measure or instruction issued under it shall be subject to the Constitution and judicial review within the courts' jurisdiction.
Article (6) — Application to All Bodies
Ministries, bodies not attached to a ministry, governorates, local authorities, critical infrastructure operators and state contractors shall comply with provisions within their mandates. The constitutional powers of the Kurdistan Region shall be respected. Federal and regional authorities shall conclude coordination and operational arrangements preventing gaps or duplication in response.
Article (7) — Preservation of Specific Laws
Powers under laws on public health, the environment, water, energy, transport, communications, security, defence, and nuclear, radiological, chemical and biological regulation and other laws shall remain effective. This Law shall provide a framework for coordination and continuity. Where provisions conflict in managing an emergency, the specific provision shall apply unless this Law expressly establishes a temporary rule for a constitutional state of emergency.
Chapter Two — National Governance System for Emergencies and Disasters
Article (8) — National Council for Emergencies and Continuity of the State
A National Council for Emergencies and Continuity of the State shall be established, chaired by the Prime Minister and comprising ministers and heads of federal bodies specified by a regulation issued for this purpose. The Council shall be a governmental coordinating mechanism without separate legal personality. Its formation shall not create a parallel executive apparatus.
Article (9) — National Council Functions
The Council shall adopt the national policy for risk management and continuity of the state, the national risk register, national response plan, state functions continuity plan, preparedness and warning standards, strategic reserve priorities, and mutual assistance rules among bodies and governorates, and follow up exercise results and lessons learned.
Article (10) — Technical Secretariat
The Joint Coordination and Monitoring Centre in the General Secretariat of the Council of Ministers shall serve as the Council's technical secretariat for risk analysis, governmental and humanitarian coordination, reporting and follow-up of plans, using its network in ministries and governorates without creating a parallel network.
Article (11) — National Operations Centre
Within its existing mandate, the National Operations Centre in the Prime Minister's Office shall coordinate the strategic governmental and security response and implementation of senior directives during crises requiring coordination among ministries and security and civilian agencies. It shall not replace the technical leadership of the body responsible for the incident.
Article (12) — Ministry of Interior's National Centre for Crisis and Disaster Management
The National Centre for Crisis and Disaster Management in the Ministry of Interior shall operate as an operational centre coordinating the resources of the Ministry, civil defence, police and supporting bodies in civilian incidents and disasters. It shall connect to the national coordination system through unified operating protocols approved by the National Council.
Article (13) — Avoiding Duplicate Command Centres
Within one hundred and eighty days of this Law's entry into force, the Council of Ministers shall approve a mandatory matrix allocating monitoring, analysis, strategic decision-making, field command, humanitarian coordination and public communication functions among existing centres. No centre may issue orders outside its mandate or establish a parallel command chain for the same incident.
Article (14) — Leadership According to Incident Type
The body with statutory competence shall lead the technical response: civil defence for rescue, firefighting and civil protection; the Ministry of Health for health emergencies; the competent regulator for radiological, nuclear, chemical and biological incidents; and security bodies for security incidents. Unified incident command shall be established where several sectors are involved.
Article (15) — Incident Command System
The Council of Ministers shall issue a national incident management regulation defining command levels and the functions of the incident commander, operations, planning, logistics, finance, safety and public information. It shall specify conditions for transferring or expanding command from the local to the governorate and then national level, without removing participating bodies' legal mandates.
Article (16) — Governorates
Using existing structures, the governor shall establish an emergency coordination room linked to the national network and prepare a governorate risk, response and continuity plan. The governorate room shall not exercise constitutional state-of-emergency powers or restrict rights beyond ordinary laws.
Article (17) — Coordination with the Kurdistan Region
The Council of Ministers and regional government shall adopt a standing protocol for exchanging warnings, requesting resources, mutual assistance, and health, environmental and security data relating to disasters crossing administrative boundaries, respecting the constitutional responsibilities of each level of government.
Chapter Three — Risk Assessment, Planning and Preparedness
Article (18) — National Risk Register
In cooperation with competent bodies, the technical secretariat shall prepare a national risk register identifying natural, climate, health, industrial, technological, cyber, security, water, food, energy and other hazards, assessing likelihood, exposure, vulnerability, capacity and cascading impacts across sectors.
Article (19) — Frequency of Updates
The national risk register shall be reviewed at least annually and updated immediately upon the emergence of a significant new risk or a material change in exposure or vulnerability data. A public version shall be published, withholding only information whose disclosure would create a specific and justified security risk.
Article (20) — Risk Maps
Governorates, ministries and sectoral bodies shall prepare digital risk maps interoperable with the national register, covering flood, fire, collapse and pollution areas, risks from hazardous facilities, shelter sites, alternative routes, water and energy sources, and health and rescue facilities.
Article (21) — National Response Plan
The Council of Ministers shall adopt a national response plan specifying activation scenarios, command chains, contact points, resource request channels, priorities for population protection, coordination with the armed forces, private sector and humanitarian organisations, and the transition from response to recovery.
Article (22) — Government Bodies' Plans
Every ministry and body not attached to a ministry shall prepare an emergency and continuity plan covering critical functions, substitute personnel, backup workplaces, communications, data and backups, principal suppliers, the minimum acceptable service level, and gradual return to normal operations.
Article (23) — Governorate Plans
The governorate plan shall cover the distribution of shelters, emergency warehouses, evacuation routes, landing and support sites, communication with districts and subdistricts, the needs of persons with disabilities, older persons, children and patients, and plans to protect water supplies, hospitals, schools and major markets.
Article (24) — Concurrent Scenarios
Plans shall test the possibility of multiple simultaneous incidents; electricity, communications and transport failures during a disaster; or a health hazard coinciding with a security or climate crisis. They shall specify alternatives if the command headquarters or part of the digital infrastructure is lost.
Article (25) — National Exercises
A multi-agency national exercise shall be conducted at least once every two years, with sectoral and local exercises according to risk level. Each exercise shall produce a report on lessons and failures and a corrective plan with a timetable and a named responsible official. Formal participation shall not substitute for actual testing of capabilities.
Article (26) — Limited Unannounced Tests
Competent bodies may conduct limited unannounced tests of warning, communication, call-out and operational readiness systems, provided that they do not endanger the population or cause public panic. Any public-facing test shall be preceded by appropriate notice clearly distinguishing it from a real warning.
Article (27) — Strategic Stocks
The government shall specify essential materials for emergency reserves, such as fuel, medicines, water, firefighting and rescue equipment, and shelter and communications supplies. Reserves shall be managed through stock rotation, inventories and minimum and maximum shelf-life thresholds, and shall not become stagnant stock or permanent channels for exceptional procurement.
Chapter Four — Civil Defence and Population Protection
Article (28) — General Directorate of Civil Defence
The General Directorate of Civil Defence in the Ministry of Interior shall continue as the principal professional body for prevention, firefighting, rescue and civil protection. Its formations and detailed functions shall be set by regulation reflecting the geographical distribution of risks and the scale of populations and facilities.
Article (29) — Civil Defence Functions
Civil defence functions shall include fire and accident prevention, safety inspections, firefighting and rescue, urban search and rescue, water and height rescue, hazardous materials response within its mandate, evacuation, initial shelter, warning, and support for disaster and wartime response.
Article (30) — Response Time Standards
The Ministry of Interior shall set national standards for civil defence team response times according to population density, risk type and remoteness. Governorate-level indicators shall be published without sensitive operational details. Results shall guide the establishment of centres and allocation of resources, rather than purely numerical accountability.
Article (31) — Coverage of New Projects and Facilities
No final occupancy or operating licence shall be issued for high-risk facilities or large residential and commercial complexes until compliance is verified with prevention, firefighting, evacuation, rescue vehicle access, water supply and emergency planning requirements under technical codes and instructions.
Article (32) — Existing Facilities
Existing facilities shall receive varying periods to remedy violations according to their severity and the cost of remediation. A grace period shall not justify an imminent threat to life. The dangerous part of a facility may be closed by a reasoned, appealable decision where a less restrictive measure cannot remove the danger.
Article (33) — Warning and Fire Suppression Systems
Technical specifications for alarms, detection, firefighting, emergency exits, backup lighting and fire resistance shall be determined according to facility type, occupancy and risks. Requiring a particular brand is prohibited where a performance specification is sufficient to achieve safety.
Article (34) — Civil Defence Centres in Major Projects
A civil defence post or centre may be required within a large residential, industrial or commercial project where risk analysis demonstrates that response time from public centres is inadequate. Specifications and handover and operating arrangements shall be clear, and the requirement shall not become an undisclosed charge or cost.
Article (35) — Industrial Safety
Industrial, oil and gas facilities and large warehouses shall assess process risks, prepare major accident control plans, provide isolation, firefighting and containment systems, train workers, and notify civil defence of hazardous materials, quantities and locations under information security controls.
Article (36) — Search and Rescue
Registers of nationally accredited search and rescue teams shall be established, specifying each team's capability, equipment and certifications. Governmental, military, volunteer or international teams may be engaged under unified command, field safety and professional accreditation arrangements.
Article (37) — Population Protection during Conflict
Civil protection plans during conflict shall comply with international humanitarian law applicable to Iraq and cover warning, evacuation, shelters, medical services, water, firefighting and protection of civilian objects. Protected emblems or facilities shall not be used for military purposes.
Article (38) — Shelters and Assembly Areas
In coordination with civil defence, governorates shall set standards for assembly areas, accommodation centres and shelters where needed, defining capacity, accessibility, water, sanitation and access for persons with disabilities. Data shall be periodically updated and made available to citizens to the extent safe.
Article (39) — Evacuation
The competent authority may order evacuation where a serious and specific danger threatens life or safety, specifying the area, reason, route, reception centre and expected duration. Special assistance shall be given to those unable to evacuate independently, with protection for families, children and patients.
Article (40) — Temporary Shelter
Shelter centres shall meet minimum standards for safety, health, privacy, water, sanitation, security and protection from violence and exploitation. Appropriate arrangements shall be made where necessary for women, children, persons with disabilities and patients. Shelter may not be used as unlawful detention.
Chapter Five — Early Warning and Public Communication
Article (41) — National Early Warning System
The state shall establish a multi-hazard early warning system linking meteorological, water, seismic, health, environmental, fire and hazardous materials data and security and technical bodies. Alerts shall be distributed through multiple channels, without dependence on a single communications network.
Article (42) — Authority to Issue Warnings
Regulations shall identify the body authorised to issue each warning type, warning levels and their meanings. Conflicting messages among bodies shall be prevented. Where multiple sectors are involved, incident command shall adopt a unified message identifying the danger and the action required of the public.
Article (43) — Accessibility and Reach
Warnings shall use clear Arabic, support local languages where needed, and provide formats suitable for persons with hearing or visual disabilities. Mobile messages, broadcasting, radio, digital platforms, sirens and local methods shall be used according to the area's characteristics.
Article (44) — Information during a Crisis
Verified information shall normally be published as soon as possible, indicating uncertainty where information is incomplete. Public safety information may not be withheld to protect institutional reputation or avoid criticism.
Article (45) — Countering Misleading Information
Misleading information shall be addressed through prompt corrections, open data and regular updates. This Law does not authorise a general offence of publishing incorrect information about emergencies. Existing penal laws shall apply only where the elements of a specific offence, such as forgery, impersonation, threats or direct incitement to a crime, are established.
Article (46) — Media and Freedom of the Press
General prior censorship of the press or media may not be imposed because of a state of emergency. Publication of specific operational information may be restricted where disclosure at that time creates a direct and real danger to rescue operations, security or human life, provided that the restriction is temporary, reasoned and reviewable.
Article (47) — Public Communication Centre
A spokesperson body shall be designated for each crisis to provide regular briefings, with a hotline and platform for guidance, questions and complaints. Multiple technical spokespersons are permitted where they use consistent information and speak within their mandates.
Chapter Six — Critical Infrastructure and Continuity of the State and Services
Article (48) — Identification of Critical Infrastructure
The Council of Ministers shall issue categories of critical infrastructure and classification criteria, including, where appropriate, electricity, oil, gas, water, communications, data, banking, payments, transport, ports, airports, health, food, dams and essential government services. Sensitive protection details shall not be published.
Article (49) — Duties of Critical Infrastructure Operators
A critical infrastructure operator shall maintain risk management, business continuity and recovery plans, suitable alternative power and communications systems, proportionate cyber and physical protection, a register of supplier dependencies, periodic exercises and prompt reporting of major incidents.
Article (50) — Interdependency Tests
Critical bodies shall analyse their dependence on electricity, communications, fuel, water, data and supply chains, identifying single points of failure and alternatives. The National Council shall conduct exercises testing cascading failures across two or more sectors.
Article (51) — Continuity of Constitutional Authorities
The Presidency of the Republic, Council of Representatives, Council of Ministers, judiciary and constitutional bodies shall prepare independent continuity plans preserving their ability to convene, documents, communications and legal powers during crises. This Law shall not create new constitutional succession rules.
Article (52) — Continuity of Ministries
Each ministry shall identify functions that must not stop, minimum staffing, alternative sites, and the financial, contracting and digital powers needed to operate them. Transfer to alternative sites shall be tested at least once during each planning cycle.
Article (53) — Protection of Records and Data
Critical government records shall be classified and encrypted, geographically separated backups maintained under a national policy. This shall cover civil registration, ownership, salaries, payments, health records, judicial decisions, expenditure documents and contracts.
Article (54) — Continuity of Payments and the Treasury
The Ministry of Finance, Central Bank and relevant bodies shall establish arrangements for continuity of salaries, government payments, banking systems, monetary settlement and liquidity during crises, with controls preventing off-record expenditure or bypassing oversight under the pretext of emergency.
Article (55) — Continuity of Food, Medicine and Fuel Supply Chains
Sectoral bodies shall identify suppliers, warehouses and alternative transport routes for essential goods and coordinate opening logistical corridors during emergencies. Goods may not be confiscated, exceptional pricing imposed, or compulsory distribution required without a specific legal basis and the prescribed safeguards.
Article (56) — Continuity of Education and Social Services
The Ministries of Education, Higher Education, and Labour and Social Affairs shall plan to maintain essential educational and social services through alternative methods during prolonged disruption, prioritising those dependent on benefits, accommodation or protection services.
Chapter Seven — Public Health, Hazardous Materials and Specialist Emergencies
Article (57) — Health Emergencies
The Ministry of Health shall lead the technical response to epidemics and health emergencies under health laws and the International Health Regulations applicable to Iraq. This Law shall coordinate resources, communication and continuity of the state without transferring medical decision-making to a security body.
Article (58) — Public Health Emergency Operations Centre
The Ministry of Health shall maintain an operations centre and multi-hazard plans linking health directorates, laboratories, surveillance, ambulances, hospitals and points of entry. It shall participate in the national command system when a multisectoral response is activated.
Article (59) — Health Restrictions
Quarantine, isolation, site closure or movement restrictions for health reasons shall be based on law, scientific evidence and risk assessment, limited in duration and scope, reviewable, and no more extensive than necessary to achieve the public health objective.
Article (60) — Radiological, Nuclear, Chemical and Biological Emergencies
The national authority responsible for nuclear, radiological, chemical and biological regulation shall exercise its technical and legal powers. Civil defence, interior, health and environmental bodies shall provide field support under a joint plan defining isolation, decontamination, measurement and evacuation zones and the chain of command.
Article (61) — Dam Incidents and Floods
In coordination with governorates and civil defence, the Ministry of Water Resources shall prepare emergency plans for dams and flood waves, including failure or exceptional discharge scenarios, inundation maps, advance warning, evacuation routes and protection of water and energy facilities in the path of danger.
Article (62) — Fires, Storms and Extreme Climate Events
Agricultural, environmental and local bodies shall prepare seasonal plans for forest and farm fires, dust storms, extreme heat, flash floods and extreme climate events. Meteorological, vegetation, air quality, road closure and health care data shall inform warning and response decisions.
Article (63) — Major Industrial Accidents
High-risk facilities shall immediately report accidents, leaks and explosions and provide responders with information on materials and site plans. They shall bear statutory prevention and compensation responsibilities; state intervention shall not release them from liability.
Chapter Eight — Armed Forces, Security Forces and Disaster Support
Article (64) — Principle of Civilian Leadership
Disasters and civilian incidents shall be managed under competent civilian leadership. Armed forces and security support shall be provided under a defined lawful request or order and shall not transfer civilian responsibilities or establish military administration of civilian life.
Article (65) — Armed Forces Support
The Commander-in-Chief of the Armed Forces may assign military units to evacuation, transport, engineering, field medicine, communications, bridging, search and rescue, and protection of critical sites when needs exceed civilian capabilities, specifying the mission, duration and coordination rules.
Article (66) — Use of Force
This Law shall not expand powers to use force. Any use of force by security or armed forces shall comply with existing laws and the principles of necessity, proportionality and accountability. Military equipment or weapons shall not be used merely to enforce a civilian measure achievable through less dangerous means.
Article (67) — Protection of Disaster Sites
Police shall secure disaster site perimeters, evacuation routes, stores and aid where necessary and prevent looting or attacks on response teams, while facilitating access for rescue teams, ambulances and media under safety rules.
Article (68) — No Exceptional Judicial Jurisdiction
A state of emergency shall not establish exceptional courts or committees with judicial powers. A civilian shall not be referred to military justice merely because an offence occurred during the emergency. Judicial jurisdiction shall remain governed by the Constitution and laws in force.
Chapter Nine — Declaration, Renewal and Termination of a Constitutional State of Emergency
Article (69) — Conditions for Declaring a State of Emergency
A declaration of a state of emergency shall be requested only where an actual or imminent exceptional danger threatens the life of the nation, the state's independence or integrity, or its basic ability to govern. Localised disturbances, ordinary crime, administrative shortcomings, or situations addressable through existing less restrictive laws shall not suffice.
Article (70) — Joint Request
The President of the Republic and the Prime Minister shall submit a joint request to the Council of Representatives under Article (61/Ninth) of the Constitution. It shall describe the danger and supporting evidence, geographical scope, requested duration not exceeding thirty days, powers to be activated, rights potentially affected, and alternatives considered.
Article (71) — Parliamentary Approval
A constitutional state of emergency shall not arise before approval by a two-thirds majority of the Council of Representatives under the Constitution. The approval decision shall specify duration, geographical scope, objectives and powers, and shall not constitute an unrestricted general delegation to the executive.
Article (72) — Entry into Effect and Publication
The approval decision and declaration of the state of emergency shall immediately be published in the Official Gazette and public media, stating the effective starting time. If technical collapse prevents immediate publication, available means shall be used to announce it, with official publication completed once the obstacle is removed.
Article (73) — Geographical Scope
A state of emergency may cover all or part of the Republic according to the danger. Its scope may be expanded only with approval of the Council of Representatives under the same procedure. It shall cease to apply in areas where the reason no longer exists, even if it continues elsewhere.
Article (74) — Duration of the Emergency
The duration shall be limited to what is necessary and shall not exceed thirty days. The emergency shall automatically end when the period expires unless the Council of Representatives approves a new extension under the Constitution. Successive orders may not be used to evade the extension requirement.
Article (75) — Extension Request
An extension request shall be submitted sufficiently before expiry to allow assessment by the Council of Representatives. It shall report on measures, results, violations, complaints, expenditure, the reasons for continuing necessity and alternatives assessed. The Council may reduce powers or geographical scope at each extension.
Article (76) — Early Termination of the State of Emergency
The President of the Republic and the Prime Minister shall request early termination when necessity ceases. The Council of Representatives may withdraw its approval by a decision under constitutional procedures and its Rules of Procedure. Exceptional measures shall end immediately when the termination decision takes effect.
Article (77) — Continuity of the Council of Representatives
The Council of Representatives shall remain in session and capable of oversight and legislation during the state of emergency. Necessary measures shall ensure its meetings under the Constitution and Rules of Procedure. Security confidentiality shall not prevent relevant committees from receiving necessary information in closed sessions.
Article (78) — Constitutional Final Report
The Prime Minister shall present measures taken and results to the Council of Representatives within fifteen days after the end of a state of war or emergency, as required by the Constitution. The report shall also include expenditure, contracts, rights-restricting measures, complaints, deaths, injuries, damage and response lessons. A security annex may be withheld from public release.
Chapter Ten — Exceptional Powers during a State of Emergency
Article (79) — Rule of Necessity
No exceptional power shall be used beyond what a specific and demonstrated necessity requires. The least restrictive measure capable of achieving the purpose shall be chosen. Every exceptional order shall have a legal basis, reason, temporal and geographical scope, and an implementing body responsible for it.
Article (80) — Executive Orders
The Prime Minister or a body authorised under this Law shall issue emergency orders in writing, number them and publish them in a public register as soon as possible. Oral directions shall not create general obligations unless required by urgent field necessity and then documented within twenty-four hours.
Article (81) — Temporary Curfew
A curfew may be imposed in a specified area and during specified hours where necessary to address a grave danger that lesser measures cannot address. The decision shall identify exceptions for health services, rescue, food, energy, media and humanitarian passage, and shall be reviewed every seventy-two hours.
Article (82) — Restrictions on Movement and Access
A road or danger area may be closed or access regulated to protect lives or operations. Alternative routes shall be provided wherever possible. Area closures may not be used as collective punishment or to isolate a community on the basis of identity.
Article (83) — Public Assemblies
Meetings or assemblies shall be restricted only where there is a direct and specific threat to safety or response capacity. Conditions concerning location, numbers, distance and timing shall be preferred to a blanket ban wherever sufficient.
Article (84) — Communications
This Law shall not authorise a general shutdown of communications or the internet merely because a state of emergency has been declared. Communications interception or surveillance shall comply with the Constitution, relevant laws and prescribed judicial safeguards. Emergency networks may receive technical priority and protection of their capacity.
Article (85) — Search and Entry
Rescue and civil defence teams may enter property without consent where life is in imminent danger or to stop a fire, leak or collapse. Entry shall be limited to the necessary purpose and documented. Searches for investigative or security purposes shall remain subject to the Code of Criminal Procedure and judicial safeguards.
Article (86) — Arrest and Detention
This Law shall not create powers of administrative arrest or preventive detention outside existing penal laws. The right to be brought before a court or to contact a lawyer shall not be suspended because of a state of emergency. All arrest and detention shall remain subject to ordinary constitutional and judicial safeguards.
Article (87) — Temporary Requisition of Property
Temporary use of property, vehicles, equipment or stock may be required where necessary to save lives or maintain an essential service and timely contractual acquisition is impossible. A written order shall specify the asset, duration, purpose, compensation amount and objection procedure.
Article (88) — Compensation for Requisition and Damage
The owner shall be entitled to fair compensation for use, consumption or direct damage arising from lawful requisition, unless the damage results from a defect or violation attributable to the owner. The compensation assessment may be challenged before the competent court.
Article (89) — Commissioning Services
The competent body may issue urgent service orders to transport, communications, medical, engineering and heavy equipment companies under emergency procurement procedures. Forced labour may not be imposed on individuals, without prejudice to ordinary professional and legal duties.
Article (90) — Regulation of Essential Goods
The Council of Ministers may take temporary measures to secure distribution of essential goods and prevent monopolisation or disruption of supply chains under trade, competition and consumer protection laws. Restrictions on distribution or export shall be justified and specify their duration and the goods concerned.
Article (91) — Closure of a Dangerous Facility
Operation of a facility or part of it may be temporarily suspended where it is proven to create an immediate danger that cannot be controlled by a lesser measure. The owner shall be notified of the reason and appeal procedure, and necessity shall be periodically reviewed.
Article (92) — Service Priority
During emergencies, priority in fuel, electricity, communications, transport and supplies may be given to hospitals, water facilities, civil defence, command centres, shelters and other essential services under a published list and auditable criteria.
Article (93) — Limits on Delegation
The constitutionally specified powers to request declaration, extension or termination of a state of emergency, and to issue measures reserved by law to the Prime Minister, may not be delegated. Any other delegation shall be written and limited by subject, time and place. Subdelegation shall require an express provision.
Chapter Eleven — Rights Safeguards, Oversight and Accountability
Article (94) — Inviolable Rights
Under no circumstances may a measure authorise torture, enforced disappearance, extrajudicial killing, slavery, collective punishment, retroactive application of a penal provision, denial of legal personality or prohibited discrimination. All measures shall respect rights from which no derogation is permitted under the Constitution and international agreements applicable to the Republic of Iraq.
Article (95) — Preserving the Essence of Rights
Exceptional restrictions shall be interpreted narrowly, shall not impair the essence of a right, and shall be limited to what is necessary to address the danger justifying them. Restrictions shall expire when their reason ceases or their duration ends, whichever comes first, and shall not become permanent rules through executive order.
Article (96) — Right to Know Emergency Orders
Every general order issued under this Law shall be published in clear language identifying the issuing body, legal basis, scope, duration, required action and complaint or appeal avenues. No penalty shall be imposed for violating a general order not reasonably published or announced unless the person's actual knowledge is established with certainty.
Article (97) — Right to Judicial Challenge
Any interested party may challenge the legality, necessity, proportionality and application of an exceptional decision, order or measure before the competent court. The court may suspend it, annul it or award compensation for its effects under the law. Describing a decision as security-related or urgent shall not preclude judicial review.
Article (98) — Urgent Review of Personal Liberty
Courts shall remain competent at all times to consider urgently allegations of unlawful deprivation of liberty, disappearance or denial of contact with a lawyer or family. An emergency declaration shall not suspend judicial jurisdiction over the legality of arrest, remand or detention.
Article (99) — Continuous Parliamentary Oversight
The Council of Representatives shall establish a joint oversight mechanism comprising committees concerned with security, law, human rights, finance and services according to the crisis. It may request documents and reports, invite officials and hold closed sessions for classified information, without publishing material threatening operations or legally protected sources.
Article (100) — Periodic Reports during the Emergency
Throughout the state of emergency, the Prime Minister shall report to the Council of Representatives at least once every seven days on developments in the danger, measures, results, restrictions on rights, expenditure, contracts, complaints and operational problems. A confidential annex may contain data that security requires to be withheld from public release.
Article (101) — Federal Board of Supreme Audit Oversight
The Federal Board of Supreme Audit shall oversee emergency-related expenditure, contracts, stocks, compensation and assistance within its mandate, and shall promptly receive necessary records. Speed or secrecy shall not eliminate the audit trail. Access to classified data may be organised to preserve confidentiality.
Article (102) — Federal Commission of Integrity Oversight
The Federal Commission of Integrity shall exercise its corruption prevention and investigation powers over procurement, allocations, assistance, compensation and beneficiary records during emergencies. Government bodies shall designate contact points to supply information in accordance with the law.
Article (103) — National Human Rights Oversight
The independent national human rights body shall exercise its powers during emergencies. Lawful access to shelters, places holding persons deprived of liberty, and information needed to examine complaints shall be facilitated. Security classification shall not withhold an entire category of information where its sensitive portion can be protected.
Article (104) — Central Register of Exceptional Measures
A central register shall record orders, delegations, restrictions, temporary requisitions and exceptional contracts issued during the state of emergency, including dates, legal bases, durations, responsible bodies and status. The unclassified part shall be published on a single electronic portal; the complete register shall be retained for judicial, oversight and audit purposes.
Chapter Twelve — Financing, Procurement, Assistance and Compensation
Article (105) — Financial Emergency Reserve
The federal general budget shall include an emergency reserve within the state's public accounts for urgent expenditure that cannot be anticipated in detail when preparing the budget. This Law shall not create an off-budget fund or parallel account exempt from treasury and audit rules.
Article (106) — Activating the Reserve
Expenditure from the emergency reserve shall require a reasoned decision identifying the event, purpose, ceiling, beneficiary bodies and settlement method, under the budget law and financial management rules. The beneficiary body shall subsequently report amounts, commitments and unused balances within the period specified by instructions.
Article (107) — Emergency Procurement
Simplified procurement procedures may be used where delay from ordinary procedures threatens life or continuity of an essential service, provided that need, price, supplier, receipt and approval are documented. A need that could have been anticipated and planned for before the crisis shall not alone justify direct procurement.
Article (108) — Competition in Urgent Circumstances
Multiple bids shall be sought whenever time and market conditions permit. Reasons for using one supplier or a limited number shall be documented. Splitting contracts or prolonging emergency designation to avoid competition or approvals after necessity has ended is prohibited.
Article (109) — Transparency of Emergency Contracts
Basic information on emergency contracts shall be published within thirty days of conclusion, or after removal of a specific security impediment, including purpose, value, contracting body, supplier, implementation period and selection method. Withholding shall be limited to specifications, locations or data whose disclosure poses a real security risk.
Article (110) — Assistance and Donations
In-kind and cash assistance and donations for the response shall be entered in a unified system identifying source, quantity or value, storage location, recipient body and distribution. Their use for partisan or electoral publicity or discriminatory distribution is prohibited. Warehousing, inventory and handover shall be audited.
Article (111) — Compensation and Assistance Programmes
Disaster- and emergency-related compensation or social grant programmes shall be established in the budget, a specific law or a decision based on a lawful appropriation, specifying eligibility, evidence requirements, damage categories and objection procedures. Compensation for temporary requisition under this Law shall remain separate from social assistance.
Article (112) — Conflicts of Interest
Anyone participating in procurement, allocation or distribution of an emergency resource shall disclose relevant personal, family or financial interests and recuse themselves where a conflict exists. Disclosures and recusals shall be recorded for audit.
Chapter Thirteen — Volunteers, the Private Sector and Humanitarian Action
Article (113) — Volunteer Register
The General Directorate of Civil Defence and competent bodies shall maintain a register of volunteers and community teams showing skills, training, deployment areas and availability for call-out. No volunteer shall be assigned a dangerous technical task or regulated professional activity without qualification.
Article (114) — Volunteer Command and Limits on Powers
Volunteers shall operate within the incident command system and shall not establish independent armed formations or security authorities. Volunteer registration shall not confer powers of search, arrest, carrying weapons or use of force beyond what existing laws permit.
Article (115) — Protection of Volunteers and Responders
The deploying body shall provide training, protective equipment and safety briefings appropriate to the task. Instructions shall establish coverage for injury or death during approved volunteer service, without prejudice to any better entitlement under another law.
Article (116) — Private Sector and Essential Services
Private operators of essential services shall comply with this Law's continuity planning, reporting and exercise requirements. Advance agreements may be concluded with transport, heavy equipment, storage, communications, medical and engineering companies, specifying activation mechanisms, prices or pricing methods, liability and insurance.
Article (117) — Red Crescent and Humanitarian Organisations
Coordination with the Iraqi Red Crescent Society and licensed humanitarian organisations shall follow existing laws and humanitarian principles. Contact points and procedures shall govern access to warehouses and response areas and information exchange, respecting privacy and the independence of humanitarian action.
Article (118) — International Assistance
The federal government shall decide whether to request or accept international assistance when needed and designate a national point to coordinate entry and deployment of relief teams, experts, equipment and assistance. Temporary procedural facilitation may be granted by or under existing laws, while foreign teams remain subject to the sovereignty and laws of the Republic of Iraq and safety requirements.
Chapter Fourteen — Data, Communications and Digital Resilience
Article (119) — Data Minimisation
During evacuation, shelter or aid distribution, only data necessary for the specified purpose shall be collected, with retention periods and access permissions defined. Temporary emergency records shall not become permanent databases tracking population movements without an independent legal basis.
Article (120) — Inter-agency Data Exchange
Data exchange during response shall be based on need-to-know and lawful purpose, using interoperability standards, access logs and clear data classification. Urgency shall not remove the obligation to verify recipients' identities or protect sensitive information.
Article (121) — Health Data
Health and individual data shall be protected under existing laws. Aggregate or de-identified data shall normally be used in public dashboards. A particular person's data shall be disclosed only on a legal basis, a specific health necessity or a judicial order, as applicable.
Article (122) — Cyber Incident Response
National cybersecurity bodies shall coordinate containment, restoration, backup and digital service continuity with operations centres and critical infrastructure owners. A blanket digital service shutdown shall not be the automatic choice where the affected portion can be isolated or more proportionate alternatives used.
Article (123) — Emergency Communications
Priority for emergency teams' use of channels, frequencies and communications capacity shall be determined under telecommunications laws. Interoperable networks shall be developed across bodies, with backup channels reasonably independent of infrastructure exposed to the same risk.
Article (124) — Electronic Records and Orders
Orders, reports and records may be approved electronically where their origin, integrity and timing can be established and unauthorised alteration prevented. Paper or local alternatives shall be available when central systems fail.
Chapter Fifteen — Recovery, Reconstruction and Institutional Learning
Article (125) — Beginning Early Recovery
Recovery planning shall begin during response, with priorities for restoring essential services, housing, livelihoods, education, health and infrastructure, protecting the most vulnerable groups and preventing arbitrary eviction or deprivation.
Article (126) — Building Back More Safely
Reconstruction shall take account of site risks and the causes of damage. A public facility or critical infrastructure shall not be rebuilt to the same design where assessment shows that its design or location materially contributed to failure, unless documented technical reasons and risk reduction measures exist.
Article (127) — Damage, Loss and Needs Assessment
A unified national methodology shall assess damage, loss and needs, distinguishing physical damage, service disruption, and economic, social and environmental losses. The baseline and aggregate results shall be published to permit verification of recovery priorities while protecting personal and security data.
Article (128) — Post-incident Review
An independent or joint review shall follow every national disaster or major incident, covering warning, command, resources, communication, protection of rights, procurement and results. It shall identify lessons, responsibility for each corrective action and its expected date. An unclassified summary shall be published.
Article (129) — Mass Fatality Management
Competent bodies shall establish a unified protocol for recovery and identification of remains, preservation of evidence, identity documentation, family notification, handover and burial, respecting human dignity and religious and social values and preventing loss of identity or commingling of remains.
Article (130) — Psychosocial Support
Psychosocial support shall form part of response and recovery for affected people and responders, with referral pathways for children, bereaved families, survivors of violence and workers exposed to occupational trauma, without stigma or unnecessary disclosure of health information.
Chapter Sixteen — Liability and Violations
Article (131) — Impersonating a Responder
The Penal Code shall apply to anyone intentionally impersonating a civil defence officer, paramedic or response body, or using an official emblem to mislead. Exposing persons or operations to grave danger shall be an aggravating circumstance to the extent permitted by law.
Article (132) — Tampering with Official Warnings
Intentional forgery of an official warning, compromise of a warning channel or transmission of a message falsely attributed to a competent body shall be governed by existing penal, telecommunications and cybercrime laws according to the legal characterisation of the act. This Law shall not create a general opinion or publication offence.
Article (133) — Obstructing Rescue Operations
Criticism, photography, media coverage or lawful presence shall not constitute obstruction of rescue operations. Liability shall arise only for intentionally preventing a responder from performing a specific lawful duty or entering a danger zone after reasonable warning in a manner creating an actual danger, under existing penal provisions.
Article (134) — Disciplinary Liability
Without prejudice to criminal or civil liability, an employee or person entrusted with public service shall be disciplinarily liable for deliberate refusal or gross negligence in performing a specified emergency duty, concealing material information about a known danger, or manipulating records of assistance, stocks, compensation or resources.
Article (135) — Good-faith Protection
A responder shall not be liable for a professional decision made in good faith in urgent circumstances and within their mandate on the information then available. Protection shall not cover intentional acts, gross negligence or excess of authority. This shall not prevent an injured party from seeking recourse against the state where the law permits.
Article (136) — Liability of the Facility Causing the Risk
State rescue or containment intervention shall not exempt a private facility operator from statutory liability for breaching safety duties where the breach caused or worsened the incident. The state may seek recovery of intervention costs through the courts to the extent permitted by law, after causation and liability are established.
Chapter Seventeen — Transitional and Final Provisions
Article (137) — Repeal of the Defence of National Safety Order
Defence of National Safety Order No. (1) of 2004 shall be repealed upon this Law's entry into force, after which its powers may no longer be exercised. Repeal shall not affect legal consequences finally settled before entry into force, without prejudice to rights of challenge, compensation or accountability under general rules.
Article (138) — Repeal of the Civil Defence Law
Civil Defence Law No. (44) of 2013 shall be repealed upon this Law's entry into force. The General Directorate of Civil Defence, its formations, employees, funds, rights and obligations shall continue uninterrupted, and the powers established by this Law shall vest in it within its mandate.
Article (139) — Pending Amendment of the Civil Defence Law
If an amendment to Civil Defence Law No. (44) of 2013 is issued before this Law enters into force, its provisions shall be reviewed when regulations and instructions are prepared. Provisions consistent with this Law and suitable for regulatory implementation shall be retained. Provisions based on the repealed law shall cease upon this Law's entry into force unless subsequent legislation provides otherwise.
Article (140) — Continuation of Regulations and Instructions
Existing regulations, instructions and orders concerning civil defence, response and crisis management shall remain applicable insofar as consistent with this Law for no more than one year from entry into force or until replaced, whichever occurs first.
Article (141) — Transitional Responsibility Matrix
Within one hundred and eighty days of publication, the Council of Ministers shall review the mandates of the National Crisis and Disaster Management Cell, National Operations Centre, Ministry of Interior's National Centre for Crisis and Disaster Management, General Directorate of Civil Defence and sectoral operations centres. It shall issue a binding matrix preventing overlap and defining command, coordination, data exchange and escalation for each incident type.
Article (142) — Implementing Regulations and Instructions
The Council of Ministers shall issue implementing regulations within one hundred and eighty days of publication. Competent ministries and bodies may issue technical instructions within their mandates, without creating new exceptional powers or restrictions on rights not established by law.
Article (143) — Initial National Plans
The first national risk register, national response plan and state functions continuity plan shall be approved within one year of entry into force. Existing plans shall continue temporarily until alternatives are approved to prevent operational gaps.
Article (144) — Compliance of Existing Facilities
Existing facilities shall be classified by risk within one year. Capital requirements that cannot be met immediately shall receive a phased compliance plan not exceeding three years. No grace period shall be granted for an imminent threat to life or a violation remediable immediately through a reasonable operational measure.
Article (145) — Annual Report
The National Council shall submit an annual report to the Council of Ministers and Council of Representatives on risks, preparedness, exercises, major incidents, warning and response performance, service continuity, violations and expenditure. A public version shall exclude protected security data.
Article (146) — Legislative Review
Three years after entry into force, the Council of Ministers shall assess implementation in consultation with the Council of Representatives, judiciary, governorates, Kurdistan Region, and professional and community bodies, and submit necessary amendments based on facts, reports and lessons learned.
Article (147) — Primacy of Constitutional Emergency Safeguards
When a constitutional state of emergency is declared, this Law's exceptional provisions shall apply strictly within the scope, duration and powers approved by the Council of Representatives. No subordinate regulation, instruction or order may expand them or diminish their safeguards.
Article (148) — Entry into Force
This Law shall enter into force ninety days after publication in the Official Gazette. Before entry into force, competent bodies may prepare regulations, plans, the responsibility matrix and necessary training, without exercising its exceptional powers before it takes effect.
Statement of reasons
This Law is enacted to complete the legislative framework required by the Constitution to regulate the powers needed to administer the country during war or emergency; modernise civil defence and population protection; overcome fragmented rules across earlier transitional legislation, the Civil Defence Law and dispersed administrative rules; establish an integrated system for preparedness, response, warning and continuity of state functions and essential services while ensuring parliamentary and judicial oversight and protecting rights and freedoms; and regulate financing, procurement, compensation and accountability during crises.
Explanatory memorandum
1. Distinguishing Disasters from Constitutional States of Emergency
The draft distinguishes an incident or disaster manageable through ordinary public powers from a constitutional state of emergency arising only through the procedure in Article (61/Ninth) of the Constitution. This prevents every fire, flood, epidemic or local disturbance from becoming a pretext for exceptional powers and makes emergency powers a last resort when ordinary laws are insufficient.
2. Building on Existing Institutions
The draft does not create a new central authority parallel to existing bodies. It retains the General Directorate of Civil Defence as a specialised executive body and uses the National Crisis and Disaster Management Cell, National Operations Centre, Ministry of Interior's National Centre for Crisis and Disaster Management, and sectoral operations centres. It requires the Council of Ministers to establish a responsibility matrix preventing overlap and identifying who leads, coordinates and provides support.
3. Moving Civil Defence from Response to Prevention
The draft strengthens civil defence before incidents occur through risk classification of facilities, preventive inspection and licensing, evacuation plans, warning and firefighting systems, industrial safety, exercises, and search and rescue. It also links closure, penalties and immediate danger to safeguards of reasons, appeal and graduated measures, preventing safety powers from becoming unrestrained administrative authority.
4. Continuity of State Functions and Services during Crises
The draft addresses the minimum legislative requirements for continuity of constitutional authorities, ministries, payments, records and essential services during emergencies. It does not turn business continuity into a permanent development programme; it specifies the preparedness, alternative operation and recovery duties without which the legal response cannot function, leaving detailed sectoral standards to relevant legislation.
5. Rights and Freedoms in Exceptional Circumstances
Exceptional authority is not a law-free zone. The draft therefore requires necessity, proportionality, temporal and geographical limits, publication and judicial review. It prohibits creating new administrative detention, exceptional courts or general communications shutdowns merely upon declaration of an emergency, and protects inviolable rights. It also keeps the Council of Representatives, judiciary and oversight bodies functioning throughout the crisis.
6. Stronger Oversight of Emergency Orders
The draft combines prior parliamentary oversight when approving an emergency declaration, continuous oversight through periodic reports and relevant committees, individual judicial review of decisions, and financial and integrity auditing. It also establishes a central register of exceptional orders so that temporary decisions do not become untraceable practices.
7. Rapid Expenditure without Sacrificing Integrity
The provisions recognise that response cannot always accommodate lengthy procurement cycles, but require records of need, price, supplier, receipt and approval, retain competition where circumstances permit, and require subsequent publication of basic information. A reserve within the general budget is used instead of creating an emergency fund outside the treasury and oversight.
8. Recovery and Learning after a Disaster
Legal duties do not end when rescue ends. The draft connects recovery with damage and needs assessment, requires causes of failure to be addressed before rebuilding, and mandates post-incident review and specific corrective actions. This is consistent with the “Build Back Better” principle in the Sendai Framework for Disaster Risk Reduction.
9. Federal, Regional and Local Relations
The Law adopts the principle that field command begins at the level capable of managing the incident and requests support when capacity is exceeded, respecting the constitutional responsibilities of the Kurdistan Region and governorates. The objective is interoperability, information exchange and support, rather than centralising management of every local incident.
Alignment with the Existing Legal and Institutional Framework
| Existing framework | Proposed remedy |
|---|---|
| Constitution of the Republic of Iraq of 2005, Particularly Article 61/Ninth | Translate constitutional safeguards governing declarations of war and emergency, their duration, the Prime Minister's powers and the final report into detailed legislative procedures without expanding the constitutional text. |
| Defence of National Safety Order No. (1) of 2004 | Repeal and replace it with a system based on the 2005 Constitution, bringing approval, restrictions and oversight into line with the current constitutional formulation. |
| Civil Defence Law No. (44) of 2013 | Repeal it and incorporate civil defence's preventive and executive functions into the new Law while preserving the Directorate, employees, funds, rights and obligations. |
| Draft First Amendment to the Civil Defence Law, First Read in the Council of Representatives on 23 August 2026 | Address the core modernisation objectives within a comprehensive law. If the amendment is issued before this draft enters into force, its provisions shall be reviewed transitionally under Article (139). |
| Instructions on the Structure and Functions of the Prime Minister's Office No. (1) of 2025 | Avoid establishing a parallel operations centre and connect the National Operations Centre to the command and coordination structure, with its roles defined in the responsibility matrix. |
| National Crisis and Disaster Management Cell and National Centre for Crisis and Disaster Management | Use existing structures, separating strategic coordination from operational command and documenting their relationship with civil defence and sectoral centres. |
| Health, Security, Financial, Penal and Sectoral Laws | Remain effective within their scope. The emergency law does not create powers of arrest, surveillance, criminalisation or expenditure beyond its express provisions or relevant laws. |
Transitional Provisions and Implementation Requirements
| Period | Core Legal and Regulatory Outputs |
|---|---|
| From Publication to 90 Days | Form a transition team, inventory existing instructions and plans, prepare draft regulations, and ensure uninterrupted civil defence and operations centres. |
| From 90 to 180 Days | Issue core regulations, adopt the responsibility matrix, and unify the incident command system, emergency order template and central register. |
| From 6 to 12 Months | Approve the national risk register, national response plan and state functions continuity plan, and update governorate and sectoral plans. |
| From 12 to 24 Months | Complete critical infrastructure continuity plans, integrate warning channels, develop stocks and exercises, and conduct an initial audit of bodies' readiness. |
| Up to 36 Months | Complete capital requirements for existing facilities according to risk-based priorities, without postponing action on imminent dangers. |
Financial and Implementation Implications
The draft primarily reorganises existing functions and structures and therefore does not assume creation of a new federal authority or parallel apparatus. Additional costs mainly concern multi-channel warning systems, protection, response and communications equipment, training and exercises, backups and alternative sites, and upgrading civil defence centres and strategic stocks according to actual readiness gaps.
No unified public data support a reliable national cost figure without an inventory of assets, centres, equipment and service levels in each governorate and sector. The Law therefore requires competent bodies to establish an asset and gap baseline and life-cycle costs before including investments in the budget. Unexpected expenditure is covered by an emergency reserve within the general budget rather than an off-budget fund.
Brief International References and Comparisons
| Reference | Relevance Used in the Draft |
|---|---|
| Sendai Framework for Disaster Risk Reduction 2015–2030 | Understanding risk, risk governance, investing in resilience, and improved preparedness, response and recovery; used as principles rather than literal implementation obligations. |
| United Kingdom — Civil Contingencies Act 2004 | Separate civil preparedness duties from exceptional powers, and subject emergency regulations to short time limits and parliamentary oversight. |
| Canada — Emergencies Act | Continuous parliamentary oversight of exceptional powers and an independent retrospective review after the declaration ends. |
| South Africa — Disaster Management Act 57 of 2002 | Integrated risk management, multiple levels of disaster management centres, and volunteers organised within an official system. |
| International Health Regulations and the World Health Organization's Joint External Evaluation Approach | Keep technical leadership of health emergencies with health bodies and connect it to a multisectoral response, rather than subordinating medical decisions to a general security structure. |
Sources and references
- Iraqi Council of Representatives — Constitution of the Republic of Iraq, 2005, particularly Article (61/Ninth) on declarations of war and states of emergency.
- Defence of National Safety Order No. (1) of 2004, archived legislative text.
- Civil Defence Law No. (44) of 2013, legislative text published in the domestic laws database.
- Iraqi Council of Representatives — Decisions and Recommendations of the Session of 23 August 2026, including the first reading of the draft first amendment to the Civil Defence Law.
- Ministry of Justice — Iraqi Gazette, Issue 4847, 10 November 2025, containing Instructions on the Structure and Functions of the Prime Minister's Office No. (1) of 2025.
- Ministry of Justice — Technical Endorsement Workshop for the National Strategy for Disaster Risk Reduction and Climate Change Adaptation, 18 November 2025.
- World Health Organization — Joint External Evaluation of Iraq's Core Capacities under the International Health Regulations, report published on 1 May 2025 concerning the mission of 17–21 September 2023.
- World Health Organization — International Health Regulations (2005).
- United Nations Office for Disaster Risk Reduction — Sendai Framework for Disaster Risk Reduction 2015–2030.
- United Kingdom — Civil Contingencies Act 2004.
- Canada — Emergencies Act.
- South Africa — Disaster Management Act 57 of 2002.