By Dr. Pshtiwan Faraj | Kurdish Policy Analysis

Zaidi’s government has submitted a bill to Iraq’s parliament seeking to place weapons and military-security decisions under state control, potentially reshaping the status of armed militias.

The contents of Zaidi's bill to parliament on arming militias

Here is the text of the bill prepared by Zaidi's government on arming militias for parliament to vote on:

Republic of Iraq

House of Representatives

Bill (Monopoly of Weapons and Military and Security Decisions in the Hands of the State)

On behalf of the people

House of Representatives

Based on the provisions of Article (61/1) and Article (60/2) of the Constitution of the Republic of Iraq, and on the basis of the provisions of Articles (1), (9), (78), (109), (110), (111) and (121);

Article (1)

The following terms have, for the purposes of this Act, the meanings assigned to them: 

First: The State: The Republic of Iraq and its constitutional and legal authorities and institutions. 

Second: The armed forces and security agencies: The forces, structures and agencies established in accordance with the applicable constitution and laws and are under constitutional and legal decisions and control. 

Third: Military weapons: weapons, ammunition, equipment and systems of a military nature or capability, including missile weapons, artillery, combat drones, and electronic warfare equipment, plus any other warfare factors determined by law.

Fourth: Non-governmental armed entity: Any party, organization, movement, group, or legal or natural person that owns, possesses, manages or uses an armed force or military weapon outside the institutions of the state authorized by law. 

Fifth: Arms Monopoly (Arms Deprivation): Ending any possession, possession, or use of military weapons outside of state institutions authorized by the Constitution and law. 

Sixth: Military and security decisions: Orders, directions, or procedures relating to the use of force, weapons, armed forces, their mobilization, or the conduct of military and security operations.

Article (2) 

First, weapons and military and security decisions are the exclusive and monopolized rights of the state, and it is not permissible for them to be followed, kept, or administered outside state institutions authorized by the constitution and law. 

Second, it is strictly prohibited to create, retain, or reorganize any militia, force, or armed structure outside the framework of the armed forces and security agencies regulated by law. 

Third, it is not permissible for any party, organization, group, or person to issue military or security orders, or to mobilize an armed force, or to use weapons on behalf of Iraq or for the benefit of Iraq or outside the decision of the state. 

Fourth, no presence, leadership, authority, or armed command will be recognized outside the formal chain of command defined by the constitution and law.

Article (3)

All armed forces and security agencies are subject to the following principles: 

First, the constitutional civilian command. 

Second, the applicable laws. 

Third, the formal chain of command. 

Fourth, constitutional, legislative, and judicial oversight according to the characteristics of each authority.

and are prohibited from being used in the interests of a party, organization, group, or person, or for the purpose of interfering in political competition or the seizure of power.

Article (4) 

First, political parties, organizations, and entities are prohibited from creating, financing, arming, training, managing, or directing any armed forces outside state institutions. 

Second, it is prohibited to have any organizational, command, financial, or operational links between any political party or organization and any armed structure outside state institutions. 

Third, it is prohibited to use the headquarters and institutions belonging to political parties and organizations to store weapons, ammunition, or military equipment, or to conduct military training and activities. 

Fourth, no political party shall have the right to own or operate an institution, company, or economic entity whose actual activity or one of its objectives is to finance armed activity outside the state.

Article (5) 

First, all state institutions shall be obliged to conduct a comprehensive and thorough census of the weapons, ammunition, and military equipment in their possession. 

Second, a unified national database of military weapons will be created that includes the type of weapon, its number, source, quantity, location, and the party in possession and responsibility. 

Third, the state follows a system for tracking military weapons from their entry into Iraq or manufacture, to their storage, use, and withdrawal from service. 

Fourth, the Ministry of Defense, in coordination with the Ministry of the Interior and relevant security agencies, shall be responsible for establishing national criteria for census, registration, and tracking in accordance with law.

Article (6) 

First, any possession, storage, transportation, or use of military weapons outside state facilities authorized by law shall be considered inappropriate and unnecessary (illegal) possession. 

Second, the provisions of paragraph (1) do not apply to weapons that citizens are allowed to carry or possess under the Arms Law and applicable laws. 

Third, a civilian license to carry weapons shall not be considered a license to carry or use military weapons.

Article (7) 

First, all parties and persons illegally in possession of military weapons shall be given ninety (90) days from the date of enactment of this law to hand them over to the state. 

Second, the government determines the surrender locations, procedures, and mechanism for registration of surrendered weapons. 

Third, penal liability on mere “prior possession” does not arise for an initiator who surrenders the weapon within a specified period, unless the weapon is connected to another offence. 

Fourth, the amnesty provisions of this article do not apply to crimes of murder, terrorism, kidnapping, rape, vandalism, or other crimes related to the use of weapons.

Article (8)

After the expiration of the period mentioned in Article (7) of this law: 

First, continuing to carry military weapons is considered an offense punishable by law. 

Second, the relevant authorities shall seize and dispose of illegal weapons in accordance with the law. 

Third, judicial action will be taken against persons and entities who refuse to surrender weapons, or who resume hiding, transporting, or smuggling weapons. 

Fourth, the suspension of legal proceedings shall not be justified by party, political, social or official reasons.

Article (9) 

First, all armed groups that have not entered state institutions shall be obliged to end their armed presence within the transitional period specified in this law. 

Second, the status of individuals and persons wishing to become members of the armed forces or security agencies may be reorganized in accordance with the conditions of admission and service set out in the applicable laws. 

Third, previous membership in an armed structure alone does not prevent an application for public service, nor is it a sufficient reason for admission to it. 

Fourth, admission will be subject to the criteria of competence, integrity, legal and security safety, and all other conditions of service. 

Fifth, entry into state institutions shall not constitute an exemption or cancellation of punitive liability for any offense committed by the person prior to entry into the institution.

Article (10)

It is prohibited on any party not permitted by the Constitution and law: 

First, the construction of a military base, base, or training center. 

Second, the arming, training, or conscription of persons for military purposes. 

Third, the construction of military weapons or ammunition depots. 

Fourth, the establishment of armed checkpoints or outposts, or the exercise of security authority outside state institutions. 

Fifth, the possession or operation of combat, surveillance, or reconnaissance systems of a military nature. 

Sixth, the establishment or operation of a communications, or command and control system dedicated to military activities outside the state.

Article (11)

First, the decision to use armed force inside and outside Iraq will be exclusively in the hands of the authorized constitutionally authorized authorities. 

Second, it is prohibited for any party or person to make a unilateral decision to carry out a military or armed action on behalf of Iraq or from Iraqi territory. 

Third, it is prohibited for any party other than the State to use Iraqi territory, territorial waters, or airspace to carry out military action against another State. 

Fourth, all official and unofficial armed parties shall abide by the foreign policy of the state and its constitutional and legal decisions.

Article (12)

The protection of borders, land, sea, air ports, airports, ports, territorial waters, and airspace is the exclusive property of state institutions authorized by law, and any armed party in the nation is prohibited from exercising authority in these areas.

Article (13) 

First, the Federal Government shall, within a period not exceeding thirty (30) days from the date of enactment of this Act, constitute a “High National Arms Monopoly Committee”. 

Second, the Committee will be responsible for the implementation of the National Arms Monopoly Policy, coordination among stakeholders, and raising periodic reports to the House of Representatives. 

Third, the committee is not allowed to introduce a new armed structure or grant powers to any party that are not specified in the constitution and law. 

Fourth, the government shall determine the composition of the committee, its detailed functions, and its working mechanism by a regulation.

Article (14)

The High National Arms Monopoly Committee will draw up a national plan that includes the following directions: 

First, the census of government weapons. 

Second, the monopolization and identification of weapons outside state institutions. 

Third, the voluntary extradition program. 

Fourth, ending illegal armed phenomena. 

Fifth: Reorganization of the status of individuals according to the law. 

Sixth, confiscate and destroy weapons that are not suitable or necessary for official institutions. 

Seventh, create a sustainable national system to prevent the return of the phenomenon of arms proliferation outside the state.

Article (15)

The period of implementation of the National Plan shall be twelve (12) months from the date of enactment of this Act.

The House of Representatives may, on the basis of a reasoned report from the Government, extend the period only once for a period not exceeding six (6) months.

Article (16) 

First, the government shall submit a report to the House of Representatives every three months on the implementation of this law. 

Second, the report specifically covers the following information:

1. Number of weapons censused.

2. Number of checks handed over.

3. Number of weapons seized and confiscated.

4. Measures taken regarding armed structures.

5. Cases of violation and referral to court.

6. Level of implementation of the national plan. 

Third: The House of Representatives has the right to host the relevant officials and prosecute them for any negligence in implementing the provisions of this law.

Article (17)

Without violating any heavier penalty prescribed by another law: 

First, punishable by imprisonment is anyone who creates, manages, finances, or arms an armed structure outside the framework of the state. 

Second, shall be punished with rigorous imprisonment any person who unlawfully possesses, stores, transports, or uses military weapons after the expiration of the surrender period specified in this Act. 

Third, punishment that will be more severe if the crime is attached to the use of force against state institutions, or threats to the constitutional order, or the commission of terrorist or subversive acts. 

Fourth, the punishment is made more severe if the perpetrator is a public, military, or security employee who has taken advantage of his position to commit the crime. 

Fifth: The head of the party, organization, or legal entity shall be punished if knowledge, participation, consent, or financing of criminal acts under this article is proved against him, in accordance with the laws prescribing the procedures.

Article (18) 

First, weapons, ammunition, and military equipment seized under the provisions of this law shall be confiscated by court order. 

Second, the confiscated weapons will return to the state. 

Third, the party concerned shall decide whether to place the weapons suitable for service in the state warehouses or destroy them in accordance with technical and security guidelines. 

Fourth, weapons that are not suitable or authorized for official service will be destroyed according to documented procedures and under specialized supervision.

Article (19)

It is not permissible to make arrests, searches, or seizures unless in accordance with the applicable constitution and laws, and in a manner that protects the rights of persons and the guarantee of a fair trial.

Article 20

The provisions of this law shall not be implemented in such a way as to repeal or interfere with the provisions of the Arms Law No. 51 of 2017 and the applicable penal and security laws, except to the extent that they clearly conflict with the provisions of this law.

The parties concerned shall be responsible for proposing necessary amendments to the relevant laws within a period not to exceed ninety (90) days from the date of enactment of this Act.

Article 21

The Iraqi Kurdistan Region, the provinces, and all local authorities shall be obliged to implement the provisions of this law, each within the characteristics determined by the constitution and law, and so as not to modify the exclusive characteristics of federal authorities in the areas of national security, defense, and armed forces.

Article (22)

It is prohibited to use this law for political exclusion (erasure), retaliation, or discrimination, and its enforcement is limited to the monopoly of weapons, military and security decisions within state institutions, and the equal enforcement of applicable laws.

Article (23)

The Council of Ministers shall issue the necessary regulations and guidelines for the implementation of the provisions of this law within a period not exceeding sixty (60) days from the date of its publication.

Article (24)

Any text that is contrary to the provisions of this law is null and void.

Article (25)

This Act shall take effect on the date of its publication in the Official Gazette.

Necessary factors

The Iraqi constitution states that the armed forces and security agencies are subordinate to civilian authority, explicitly prohibits the creation of military militias outside the armed forces, and makes national security and armed forces at the heart of the federal state.

Because the plurality of armed forces and military and security decision-making centers undermine state sovereignty, decision-making integrity, and its ability to protect citizens and independence, the constitutional principle needed to be transformed into a clear and binding legislative system.

The aim of this law is to monopolize weapons and military and security decisions in the hands of the state, to end any armed presence outside its constitutional and legal institutions, to regulate the process of weapons census, registration, surrender and confiscation Not using the law as a reason for political removal.

This law was enacted in order to achieve the rule of law, consolidate the state and its institutions, and protect the constitutional system and the integrity of national decision-making.

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