Order 22: Creation of A New Iraqi Army

by L. Paul Bremer, Coalition Provisional Authority

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 22

CREATION OF A NEW IRAQI ARMY

Pursuant to my authority as the head of the Coalition Provisional Authority
(CPA), relevant UN Security Council resolutions including Resolution 1483
(2003), and the laws and usages of war,

Noting that Resolution 1483 appeals to Member States inter alia to assist the
people of Iraq to contribute to conditions of stability and security in Iraq,

Recalling that CPA Order Number 2 on the Dissolution of Entities dissolved the
Army, Air Force, Navy, Air Defense Force, and other regular military services, the
Republican Guard, the Special Republican Guard, the Directorate of Military
Intelligence, the Al Quds Force, the Quwat al Tawair, Saddam Fedayeen, Ba’ath
Party Militia, Friends of Saddam and Saddam’s Lions Cubs (Ashbal Saddam) and
other entities,

Further recalling that Section 5 of CPA Order Number 2 looks forward to the
creation of a New Iraqi Army as the first step in forming a national self-defense
capability for a free Iraq,

Conscious of the need to start promptly to establish a military force for the
national self-defense of free Iraq at the conclusion of the authority of the CPA,

Acknowledging the need to engage with Iraqi governmental institutions as they
develop regarding the structure, institutions, and roles of the national armed forces
of the new Iraq,

I hereby promulgate the following:

Section 1
Definitions


“Code of Military Discipline” is the Code of Military Discipline promulgated by
the Administrator of the CPA under a separate CPA Order.

“Commander in the New Iraqi Army” means an Iraqi officer appointed from time
to time in accordance with this Order to command positions in the New Iraqi
Army or the Iraqi armed forces generally.

“Defense Areas” are defined as any land, water, or super-adjacent air space
contained within the territory of Iraq, or any building or part of a building or any

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other building that is reserved or set apart, used or otherwise controlled for defense
purposes, by designation under section 10 of this Order.

“Extremist Organizations or Activities” are organizations or activities that
advocate racial, gender or ethnic hatred or intolerance; advocate, create, or engage
in illegal discrimination based on race, color, gender, religion, or regional or
national origin; or use, or advocate the use of force or violence or other unlawful
means for political purposes, whether internal or international,

“Heavy Weapons” are weapons firing ammunition larger than 7.62mm, machine
guns, crew-served weapons, anti-tank weapons (such as rocket propelled grenades
(RPGs)), anti-aircraft weapons (to include shoulder fired missiles and AA guns),
indirect fire weapons (mortars and artillery pieces), armored vehicles or self-
propelled weapons, high explosives and explosive devices (including mines and
hand grenades),

“Member of the New Iraqi Army” or “Army” means a person serving in the New
Iraqi Army from the time of attestation until the date of termination of service,

“New Iraqi Army” means the military forces of Iraq organized for the purposes set
forth in this Order including all components of the national armed forces of Iraq,
specifically including the ground forces recruited, trained, and organized as the
first step in the process of creating a military defense force for the new Iraq.
Unless the context clearly requires otherwise, all references to the “New Iraqi
Army” are references to any element of the national defense forces of Iraq,

“Serious Offense” means a criminal offense under the criminal laws of Iraq or the
Code of Military Discipline that authorizes, in the event of a conviction,
confinement for a period in excess of three months as a punishment.

“Small Arms” includes shotguns, pistols, and rifles that fire ammunition up to and
including 7.62mm.

Section 2
Existing Law


The Iraqi Military Law Code Number 13 of 1940, the Iraqi Military Procedures
Code Number 44 of 1941, the Code of Legal Notification of Military Personnel
Number 106 of 1960, Punishment of Military Deserters Law Number 28 of 1972,
and the Penal Code of the Popular Army Number 32 of 1984 are hereby
suspended.

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Section 3
The Mission and Command Structure of the New Iraqi Army


1) There is hereby established the New Iraqi Army as the first step toward the
creation of the national defense force of the new Iraq. The New Iraqi Army is an
establishment intended to provide a capability in support of the security of Iraq
during the period of the CPA’s authority. The continued existence of the New
Iraqi Army beyond the period of CPA’s authority is subject to a decision by the
future internationally recognized, representative government, established by the
people of Iraq.

2) The mission of the New Iraqi Army and of the national defense forces
generally is the military defense of the nation, including defense of the national
territory and the military protection of the security of critical installations,
facilities, infrastructure, lines of the communication and supply, and population.
The tasks of the New Iraqi Army and of additional units of the national defense
forces of Iraq include developing a military capability during the period of
authority of the CPA in order to provide the basis for militarily effective,
professional, and non-political armed forces for the military defense of the nation
after the conclusion of the CPA’s tenure. The New Iraqi Army shall not have, or
exercise, domestic law enforcement functions, nor intervene in the domestic
political affairs of the nation. Tasks of the New Iraqi Army will also include
participation in domestic relief operations associated with natural or man-made
disasters and humanitarian relief missions.

3) Command positions in the New Iraqi Army and in other elements of the
national defense force of Iraq will be held by Iraqi officers only. Supreme
command, control and administrative authority over the New Iraqi Army and of
additional units of the national defense forces of Iraq and all authority formerly
vested in the Ministry of Defense will reside on an interim basis with the
Administrator of the CPA as the civilian Commander-in-Chief pending transfer of
such authority to an internationally recognized, representative government,
established by the people of Iraq. The Administrator, or a civilian member of the
CPA reporting directly to the Administrator and to whom authority has been
specifically delegated in writing by the Administrator for this purpose, will
commission officers in the New Iraqi Army and may designate Commanders of
units of the New Iraqi Army, of the Army as a whole, or of the national defense
force as a whole. The Administrator, or a civilian member of the CPA reporting
directly to the Administrator and to whom authority has been specifically
delegated in writing, will designate the officers to command the principal units of
the New Iraqi Army, as they are created. The specific assignments of subordinate
officers shall be made in accordance with procedures established by
Administrative Instruction.

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4) Operational or tactical command of units of the New Iraqi Army operating
with Coalition forces may be vested in an officer of Coalition forces of rank
superior to that of the commander of such Iraqi units as shall be designated by the
Administrator of the CPA or by a civilian member of the CPA reporting directly to
the Administrator and to whom such authority is specifically delegated in writing.

Section 4

Conduct

1) Members of the New Iraqi Army shall comply with the lawful orders of
those superior in rank to them, according to regulations and the Code of Military
Discipline.

2) Such members shall comply with the lawful orders of those persons who
are not members of the Iraqi armed forces, whether military or civilian, who may
be placed in operational command over them from time to time in conjunction
with their duties, according to regulations and the Code of Military Discipline.

Section 5
Discipline


1) Members of the New Iraqi Army are subject to the jurisdiction of the
civilian criminal courts pursuant to the Criminal Procedures Code No. 23 of 1977,
as amended from time to time, for offenses under the Penal Code No. 111 of 1969,
as amended from time to time, and to the jurisdiction for offenses established
under a Code of Military Discipline promulgated under a separate CPA Order.
The jurisdiction over offenses under the Code of Military Discipline will be as
determined by the Order creating the Code of Military Discipline.

2) In circumstances where both the civil and military authorities have
jurisdiction over an offense, the civil authorities will have primary jurisdiction. In
all cases, jurisdiction will be exercised, and allocated, as provided for in the Code
of Military Discipline Order.

Section 6
Terms and Conditions of Service


1) Administrative Instructions with regard to Terms and Conditions of
Service, as may be considered necessary to give effect to the terms of this Order,
may be issued by the Administrator of the CPA or by a civilian member of the
CPA reporting directly to the Administrator and to whom such authority is
specifically delegated in writing.

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ENLISTMENT

2) The minimum age for enlistment into the New Iraqi Army is 18 years of
age.

3) Service in the New Iraqi Army will be voluntary and for a set term of
enlistment which shall not be extended except in emergencies as officially
declared by the Administrator.

4) Suitability for service in the New Iraqi Army will be determined on several
criteria including, but not limited to:

(a)
demonstrated physical ability;
(b)
demonstrated minimum scholastic aptitude;
(c)
the absence of evidence of human rights violations or war crimes;
(d)
the absence of affiliation with the security and political control
organs of the former regime;
(e)
the absence of association with Extremist Organizations or other
groups that use or advocate the use of violence for political purposes
whether internal or international;
(f)
provided, however, no qualified person will be denied the
opportunity to serve on the basis of race, ethnic or regional origin,
religion, creed or tribal affiliation;
5) Prior military service is not required, but persons with military experience
will be eligible to join the New Iraqi Army, subject to meeting the applicable
standards, including the criteria listed in paragraph 4 above. No person involved
in Ba'ath Party activity within the leadership tiers described in CPA/ORD/16 May
2003/01 shall be eligible except with specific permission of the CPA.

RANK STRUCTURE

6) The New Iraqi Army will consist of commissioned officers and enlisted
personnel with ranks that may include warrant officers and non-commissioned
officers

7)
The ranks of officers will, in ascending order, be:

Tilmeez Daabet Officer Candidate

Mulaazem 2nd Lieutenant

 Mulaazem Awwal 1st Lieutenant

Naqeeb
Captain

Raaed
Major

Muqaddam
Lt. Colonel

. .
...
.
.
.
. .
.
.
.
.
.
.
....
.


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....Aaaqeed Colonel
....Aameed Brigadier General
....Liwaa Major General
....Fareeq Lt. General

8) The Administrator of the CPA, or a civilian member of the CPA reporting
directly to the Administrator and to whom authority has been specifically
delegated in writing by the Administrator under this Section, may, in accordance
with Administrative Instructions, by instrument in writing, commission persons to
be officers of the New Iraqi Army at a rank to be determined by the person
conducting the commissioning. It shall be possible for personnel to be
commissioned on entering the New Iraqi Army at a commissioned rank above
Second Lieutenant.

9) The ranks of enlisted personnel, non-commissioned officers and warrant
officers will, in ascending order, be:

....Jundi Private
. .
....Jundi Awwal Private 1st Class
. .
....Naeb Aareef Corporal
....Aareef Sergeant
. .
... Aareef Awwal Sergeant 1st Class
....Wakeel Master Sergeant
. .
... Wakeel Awwal Sergeant Major
.... Muahhal Warrant officer
. .
...Muahhal Awwal Chief Warrant Officer

10) The appointment of enlisted personnel and warrant officers will be made by
the person authorized under Administrative Instructions issued by the
Administrator of the CPA, or by a civilian member of the CPA reporting directly
to the Administrator and to whom authority has been specifically delegated in
writing, by the Administrator for this purpose. It shall be possible for personnel
entering the service to be appointed to an enlisted rank above that of Private.

11) Promotion of officers and enlisted personnel will be made pursuant to
procedures to be established by the Administrator of the Coalition Provisional
Authority on the basis of merit established by reference to experience,
demonstrated competence in the current rank and potential for exceptional
performance in the next higher rank.

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PAY AND ALLOWANCES

12) Pay and allowances for members of the New Iraqi Army will be determined
by an Administrative Instruction.

13) A Member of the New Iraqi Army will automatically forfeit a day’s pay
and allowances for each full or partial calendar day that the Member absents
himself from his place of duty or unit without the permission of a superior officer
authorized to grant such permission, and shall in addition be subject to appropriate
disciplinary action, including the commencement of Disciplinary Proceedings
under the Code of Military Discipline.

LEAVE

14) Members of the New Iraqi Army may take leave subject to the needs of the
service, upon receiving permission from a duly authorized officer. The period of
leave and other relevant details are to be specified by Administrative Instructions.

TERM AND TERMINATION OF SERVICE

15) Volunteers for service in the New Iraqi Army obligate themselves to an
initial term of service for a period not to exceed 26 months, subject to a decision
by an internationally recognized, representative government, established by the
people of Iraq, to continue its existence once such government assumes the
responsibilities of the CPA and to the provisions of Section 6 (16)(b) and (c)
below. At the end of any term of service, a member may extend service for a
further term of 24 months, subject to agreement by the appropriate authorities and
the interests of the service. No period of service shall be extended without the
consent of the Member, except in national emergencies as officially declared
according to law. Required minimum terms of service in special situations, e.g.
advanced training, may be specified by Administrative Instruction.

16) Service in the New Iraqi Army may terminate on the occurrence of one of
the following events:

(a)
Upon a determination that the Member’s services are no longer
required following the transfer of authority by the CPA to an
internationally recognized, representative government, established
by the people of Iraq, without prejudice to the right of an
internationally recognized, representative government in Iraq,
established by the people of Iraq, to assume the command and
control of the New Iraqi Army and all on-going service obligations
of its personnel;
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(b)
Upon a determination by a commanding officer, based upon credible
evidence, that a Member of the New Iraqi Army is unsuitable for
further military service in the New Iraqi Army on the basis of one of
the following:
(i)
commission of a Serious Offense
(ii)
a poor disciplinary record
(iii)
medical unsuitability
(iv)
consistently poor performance
(v)
failure to meet basic standards of performance
(vi)
behavior which is discriminatory on the basis of
gender, race, ethnic or regional origin, religion or tribal
affiliation
(vii)
unsuitability for military service
(viii)
commission of a Military Offense
(ix)
violations of Section 9 of this Order (relating to
political activity)
Within seven days of notification of termination, Members who have
completed initial entry training, may request that the decision to
terminate their service be confirmed by the Administrator of the
CPA or by a civilian member of the CPA reporting directly to the
Administrator and to whom such authority is specifically delegated
in writing in respect of this Section. A determination under this
clause (b) shall be conclusive upon confirmation by Administrator of
the CPA, or by a civilian member of the CPA reporting directly to
the Administrator and to whom such authority is specifically
delegated in writing with respect to this Section, or upon the elapse
of seven days from the time of notification of termination, if no
request for confirmation is made.

(c)
Service in the New Iraqi Army shall also terminate upon:
(i)
the granting of an application from a Member of the
New Iraqi Army for discharge based upon
demonstrated need;
(ii)
on the granting of an application to resign; or
(iii)
a determination by the Administrator or his delegate
that such termination is necessary for the good of the
service.
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Section 7

Weapons

The possession of Heavy Weapons and Small Arms by Members of the New Iraqi
Army is regulated by CPA Order Number 3, Weapons Control Order
(CPA/ORD/23 May 2003/03), which Order may be supplemented by
Administrative Instructions.

Section 8
Administrative Inquiries


1) The Administrator of the CPA, or a civilian member of the CPA reporting
directly to the Administrator and to whom such authority is specifically delegated
in writing, may, by Administrative Instruction, issue such rules made under this
Section for the convening of an Administrative Inquiry to investigate any matter
regarding the operation of any part of the New Iraqi Army. Reports of such
inquiries shall establish the facts of the matter, draw conclusions, and make any
recommendations as may be appropriate.

2) An Administrative Inquiry may be convened by an officer of the rank of
Lieutenant Colonel or above who holds a command position with respect to any
matter concerning a unit under his command and its operation or the Members of
the New Iraqi Army under his command, except that an Administrative Inquiry
may not be convened to investigate a matter already under investigation as a
criminal matter until such time as the criminal investigation is completed. In
circumstances in which an Administrative Inquiry has been commenced and it
discovers evidence of a Military Offense then it may refer the matter to a
Disciplinary Officer in accordance with the Code of Military Discipline.
Following referral of the matter to a Disciplinary Officer, the Administrative
Inquiry will be completed in accordance with the rules governing such Inquiries.

Section 9
Political Activities


1) Members of the New Iraqi Army may not:

(a) be members of a political party, organization or association;
(b) participate in any activities of a political party, organization
or association including the recruiting of members for political
parties or organizations;
(c) publicly state or suggest any opinion of a political nature
which includes efforts to indoctrinate members of the New Iraqi Army or
any other person with a political ideology or otherwise convince any person
to adhere to a particular political ideology; or
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