REPUBLIC OF IRAQ
Ministry of Defense
General Legal Advisor
Military Penal Code
No. 19 of 2007
First Edition
October, 2007
In the Name of the People
Presidency Council
Decree no. (18)
Upon Parliament approval, pursuant to provisions of Article
(61/First) of the Constitution and based on the provisions of section
(Fifth/A) of Article 183 of the Constitution,
The Presidency Council, during its session on 18/04/2004, hereby
issues the law hereinunder:
MILITARY PENAL CODE
NO. 19 of 2007
CHAPTER I
Applicability
ARTICLE I:
First: Provisions of this law shall be applicable to:
a) Iraqi military forces’ personnel in service;
b) Cadets of military college and army schools or institutes;
c) Retired or redundant officers, warrant officers, staff
sergeants, graduate or redundant soldiers, demobilized
soldiers from the army or any other military force where
offence committed in service;
d) Captives; with regard to offences committed against them in
detention centers.
Second: Definitions: The following words or phrases shall be
interpreted as defined herein:
A. Officer: means all military officers, from lieutenant up, in
addition to Imams.
B. Warrant Officer: means staff warrant officers and warrant
officers, adjutant and first adjutant.
C. Sergeant: means sergeant first class, sergeant, corporal first
class, corporal, and soldier first class.
D. Soldier: means any person employed by the Iraqi Army or
any other military force, created at any time within the Iraqi
military forces.
E. Army: means ground, marine and air forces.
F. Division: means any unit under the command of an officer.
ARTICLE II:
First: Mobilization: means calling up of reserves to serve in the
army at incidents of foreign attacks. This includes active operations.
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Second: Mobilization, stated in section (First) hereinabove,
commences as of the date of issue of written order stating
mobilization of all or part of the army and shall be valid until issue
of order for termination of that state.
Third: In case of mobilization for aircrafts and military vessels to
leave Iraq Republic at times of peace, this would be valid until their
return to base.
ARTICLE III:
Offences, under provisions of this law, which are committed by
military persons in foreign countries during their presence with a
military force, or committed by a military person that was delegated
to fill a governmental post in foreign countries during his service, or
students who are delegated or sent aboard on scholarships, are
considered as offences that took place in Iraq, provided that they
are not prosecuted for the same in these countries.
ARTICLE IV:
Iraqi captives shall be prosecuted before military Courts, pursuant
to provisions of this Law, as well as provisions of Geneva
Conventions relating to prisoners of war.
ARTICLE V:
First: Offences committed against a military person under the army
of coalition countries, during joint military operations, are
considered as committed against Iraqi military persons, provided
that this country has entered an agreement with Iraq Republic on
similar treatment.
Second: Military person: means any person leading a military
career. This includes those in Compulsory Military Service after
passing the Military Service Law.
ARTICLE VI:
In order for the announcement of mobilization upon attack, all
military land divisions, aircrafts, vessels shall be prepared for
confrontation with the enemy as of commencement of preparations.
ARTICLE VII:
The following words or phrases shall be interpreted as defined
herein:
1. Enemy: means any country or authority that launches armed
attack against the Republic of Iraq, including armed gangs.
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2. Armed: means state of carrying arms for purposes of service or
summoning in arms upon orders or supervision of a commander to
commence service.
3. Service: means Subject’s performance of a specific military duty
or execution of order by the Commander.
4. The Subject: means the person assigned to perform the service
stated in section (Third) of this article hereinabove.
5. Commander: means assigning the performance of service stated
in section (Third) of this article hereinabove.
ARTICLE VIII:
A offence committed in presence of a group of persons is considered
as “Aggravating Circumstance”, provided that it occurs before at
least 3 military persons, with the exception of the committer,
partner and the higher rank, gathering for performance of a military
operation.
ARTICLE IX:
The following words or phrases shall be interpreted as defined
herein:
1. Security Guard: means armed military person
assigned in a location to maintain order or maintain
security, or control or watch by virtue of certain orders
at times of peace or mobilization.
2. Guard Duty: means presence of one or more Armed
persons under the command of a Commander for
purposes stated in section (1) hereinabove, in time of
peace or mobilization
3. Patrol: means a non-stationary Armed person who
performs certain duty in a certain location for purposes
stated in section (1) hereinabove, in time of peace or
mobilization.
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CHAPTER II
TYPES OF PENALTIES
ARTICLE X:
Offences fall into two categories:
First: Original Penalties:
A) Death Sentence: Putting the convicted to death by means of
shooting. Implementation is by virtue of the Law of
“Principles of Military Trials” for military persons no. (30) of
2007 and Principles of Criminal Trials law no. 23 of 1971.
B) Life Imprisonment: means imprisonment for 20 twenty years
C) Provisional Imprisonment: means imprisonment for 5:15
years
D) Rigorous Imprisonment: means imprisonment for 3:5 years
E) Simple Imprisonment: means imprisonment for 24 hours to
3 months
Second: Consequential Penalties:
a) Termination of contract;
b) Discharge;
c) Expulsion;
d) Transfer to half salary list;
e) Deprivation of seniority.
ARTICLE XI:
First:
i. In crimes, whose penalties are imprisonment not exceeding
three years pursuant to provisions of this law, it is permissible
to impose penalties, against the military officer, of fines or
deprivation of seniority instead of the imprisonment penalty
prescribed by law, in case of presence of remission grounds,
provided that they are stated in the decision.
ii. Deprivation of Seniority means extension of the minimum
period for promotion, prescribed by law, for duration equal to
the penalty, provided that it does not exceed 2 years.
Second: Provisions of section (First) above do shall not be
applicable to offences involving moral turpitude or breach of trust.
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ARTICLE XII:
Barrack Locking:
First: It is imposed on the officer, warrant officer, sergeant and
soldier.
Second: An officer may be sentenced to Barrack Locking for a
maximum of (15) fifteen days.
Third: A soldier, sergeant and warrant officer may be sentenced to
Barrack Locking for a maximum of (30) thirty days.
Fourth: No cadet, in any military college, institute or school, shall
be sentenced to Barrack Locking as a disciplinary penalty.
ARTICLE XIII:
Upon being sentenced to Barrack Locking, an officer, warrant
officer, sergeant or soldier shall:
First: Not be exempted from performing his duties in his
department, barrack, parade field, or any other location;
Second: Not be allowed to travel to any location upon conclusion of
duties;
Third: Not be allowed to see visitors, with the exception of visits
deemed as part of duty.
ARTICLE XIV:
A Military person sentenced to Barrack Locking shall be entitled to
receive his salary and compensations.
ARTICLE XV:
First: Discharge or termination of contract shall be enforced in case
of prescription of any of the following penalties:
a. Death sentence;
b. Penalties relating to offences disturbing national and
international state security and terrorism;
c. Imprisonment for longer than (5) five years;
d. Penalties for sodomy or rape crimes;
e. Lack of a recruitment condition/term.
Second: Discharge or termination of contract shall be applicable in
case of imprisonment for periods not exceeding (5) five years.
ARTICLE XVI:
Needless to be stated in the verdict, penalty of discharge shall lead
to:
First: Loss of military rank;
Second: Retrieval of medals if convicted in offence involving moral
turpitude or breach of trust or disturbing national or international
security;
Third: Deprivation of re-recruitment in the army (as officer, warrant
officer, sergeant or employee) or in any other security departments.
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ARTICLE XVII:
First: Discharge shall be inevitable in case of facing penalties of
imprisonment for a period longer than one year.
Second: Discharge may be applicable in case of facing penalties of
imprisonment for less than one year.
ARTICLE XVIII:
Needless to be stated in the verdict, penalty of discharge shall lead
to:
First: Loss of rank and military post;
Second: Deprivation of re-recruitment in the army in the post of
officer or employee.
ARTICLE XIX:
Any officer sentenced by a non-military court for offence committed,
after enforcement of this law, to imprisonment for a period longer
than (1) one year. This includes conviction in crimes involving moral
turpitude or breach of trust or any type of assistance in acts of
terrorism or offences disturbing national or international state
security, provided that the verdict is final, shall be deemed to be
discharged from the army.
ARTICLE XX:
First: Penalties of imprisonment for longer than one year shall
necessarily lead to deprivation of rank or grade.
Second: Deprivation of rank or grade shall be applicable to those
facing sentences of imprisonment for less than one year.
ARTICLE XXI:
First: Needless to be stated in the verdict, facing deprivation of rank
or grade would necessarily lead to shifting to one lower rank/grade
in addition to deprivation of all rights enjoyed for obtaining such
rank or degree.
Second: The convicted person shall maintain his retirement
privileges of retirement salary and compensation prescribed by law,
in addition to compensation for regular vacations for the lower rank.
ARTICLE XXII:
First: Any military person convicted by a non-military court for
offences disturbing national or international state security, or
relating to terrorism or sodomy or rape, in addition to imprisonment
for longer than (5) five years in relation to other offences
committed after enforcement of this law, provided that the verdict
is final, shall be deemed as discharged from the army.
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Second: Upon Military person’s conviction by a non-military court
involving a penalty that necessitates, or allows for, implementation
of one of the Consequential Penalties stated in section (Second) of
Article X hereinabove, the military person shall be transferred to a
military court for issue of verdict of this penalty, by law.
ARTICLE XXIII:
Where the original offence necessitates, or allows for,
implementation of one of the Consequential Penalties stated herein,
they shall be also applicable in cases of attempt.
ARTICLE XXIV:
First: where the order issued for execution of a military duty
deemed to constitute a crime, penal responsibilities relating to this
offence shall be borne by the Commander.
Second: The lower rank shall be deemed to be partner in
committing offence if he:
-
Exceeded the limitations of the order issued to him;
Knew that the order he received entails committing military or
civil offence.
ARTICLE XXV:
A criminal shall be deemed as second offender if he committed a
military offence, similar to the one he committed earlier, provided
that the former and latter verdicts are issued by a military court.
Disciplinary breaches shall not count as grounds for iteration.
ARTICLE XXVI:
Criminal Courts shall be authorized to execute/terminate penalties
in the following cases:
First: Where a military person is convicted with freedomrestricting penalty for committing a military crime, provided that
this military person was previously convicted by civil court and
granted stay of execution, the military court shall order the
execution of both penalties, consecutively, where the latter
offence was of the same type of the former and he was issued a
sentence;
Second: Where the military person is convicted with freedomrestricting penalty for committing a military crime and granted
stay of execution, then committed another offence afterwards,
both penalties are applied, consecutively;
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Third: Where a military person, who was formerly convicted by a
civil court, commits a offence, the military court may grant stay
of execution, with the exception of circumstances stated in
section (Second) of Article XXII herein.
ARTICLE XXVII:
Verdicts issued by military courts shall not prevent stay of execution
of decisions issued by civil courts.
CHAPTER III
NATIONAL SECURITY CRIMES
ARTICLE XXVIII:
He shall be executed, whosoever:
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1.
Seeks to isolate a part of Iraq from government control or
placement of part or whole of Iraq under the control of a
foreign country;
2.
- Gives or hands a commander or another person to the enemy
or adopted means for forcing or seducing them, provided that
such acts violate requirements of military situations; base,
site, station, garrison, or Guard;
- Delivers or causes to deliver military laboratories for
munitions and warfare equipments, factories, supplies’
warehouses, means of communications and transportation;
- Burns or strikes army airports or aircrafts or deliberately
causes them to become out of order;
- Deliberately harms the state and benefits the enemy by
means of destroying bridges, dams, railway or public roads;
- Causes of facilitates enemy seizure of part of the military
forces;
3.
4.
5.
6.
Obtains or copies military items, documents or information
meant to be confidential in order to maintain state security
or interests and delivers the same, directly or through a
mediator, to a foreign state at time of peace or war;
is a Commander of a military site and delivers it to the
enemy prior to depletion of all means of defense or is
negligent in using the said resources;
Is a Commander of Divisions in isolated location and
negotiates with the enemy to surrender the military divisions
under his command and their arms without performing the
duties of his position;
Is a commander and caused the surrender of river or sea or
air force under his command, or delivery of its crew without
performing duties of his post.
ARTICLE XXIX:
Death penalty shall not be applied to whosoever commits any of the
following crimes, during mobilization, with intent to assist the
enemy or cause harm to the army or any forces of allied countries,
or leads to deliberate murder or death of one or more military
persons or civilians:
First: Instigation, those who can carry arms of Iraqis or members of
forces under countries allied with the Iraqi government, to take the
enemy side;
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Second: Propagating the spirit of mutiny amongst Iraqi military
forces or forces of an allied state in order to stir armed uprising
against the constitution-based government;
Third: Disclosure of secrets, countersigns, special signals, alerts or
instructions of guards, patrolmen, patrol stations and wireless
codes;
Fourth: Distortion of information or service-related directions or
negligence of the same at confrontations with the enemy;
Fifth: Guiding the enemy to Iraqi government forces or forces in
alliance with Iraqi government or deliberately misleading the latter
authorities to the wrong road;
Sixth: Causing panic within an Iraqi force or making it execute
erroneous movements or actions via use of military sign, etc, or
instigating to flee or hinder gathering of scattered soldiers;
Seventh: Communicating with, or causing to communicate with,
persons under enemy forces or residing in enemy states with the
aim disclosure of conditions relating to management of war,
whether in writing, verbally or via any other means of
communication;
Eighth: Negligence of carrying out part or all of his duty or
alternation in an order by himself or instructing armed forces’
personnel, under his command, to suspend government orders;
Ninth: Announcement or distribution of enemy bulletins or
statements among army forces maliciously;
Tenth: Negligence of subsistence of the division under his charge;
Eleventh: Release of prisoners of war or causing them to escape;
Twelfth: Informing the enemy of the set of signs used at war or
briefing them of the same;
Thirteen: Vandalizing or destroying combat gear of military aircrafts
or vessels, or their engines, or equipments, or destroying or
reducing their combat capabilities or causing the same in a manner
that weakens the capabilities of security authorities in maintaining
safety and security for citizens and their properties, as well as state
borders;
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Fourteen: Deliberate execution of an action that would jeopardize
security and safety of means of communication through enabling
the enemy to tap communications relating to movements or warfare
or acquisition of the communication equipment or the wireless
network.
ARTICLE XXX:
Imprisonment not exceeding (10) ten years shall be applied to
whomsoever:
First: Is a citizen of the Republic of Iraq employed in a foreign
country prior to declaration of war against it and continued his work
or re-entered the service of enemy country after declaring war;
Second: Practices fraud or embezzlement during delivery of military
savings at time of war;
Third: Neglects reporting crimes stated in Articles XXVIII & XXIX
herein or refrains from reporting to competent authorities;
Fourth: Is a foreign contractor with the Iraqi army and enters
agreement with the enemy against Iraqi army;
Fifth: Deliberately extends the duration of mobilization or neglects
military duties to facilitate enemy operations or performs acts that
cause harm to the army or allied states; forces.
ARTICLE XXXI:
Where the crime stated in section (14) of Article XXIX out of
negligence without causing damage to the army, the imposed
penalty shall be imprisonment of not less than (1) year and not
exceeding (3) three years.
ARTICLE XXXII:
A partner shall be relieved from penalty if he informs his superior of
his intent to commit crimes stated in Articles XXVIII, XXIX & XXX
herein prior to attempt and in a manner that would prevent
perpetration or facilitate arrest of other partners.
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CHAPTER IV
ABSENTEEISM & ABSENCE
ARTICLE XXXIII:
First: Whosoever, is absent without proper legal justification from
his unit or place of duty or exceeds the duration of his leave at time
of peace for more than (15) fifteen days for lower ranks and (10)
ten days for officers, shall be punishable with imprisonment not
exceeding (3) three years;
Second: Whosoever, fails to attend or exceeds the provisions of
section (First) above during termination of demobilization at time of
peace, is punishable with imprisonment not exceeding (4) four)
years;
Third: Whosoever, absents himself without proper permission, or
fails to attend the parade field or meeting location assigned by the
Commander, or departs from the same without permission or left
class without cause, or was in camp or garrison, or another location
and found outside the set borders or in a location that prevents him
from abiding by the orders of military zone or garrison or other
orders that entail not to be present in them without order or
permission by his Commander, is punishable with imprisonment not
exceeding (30) thirty days
CHAPTER V
DESERTION
ARTICLE XXXIV:
Whosoever deliberately does not report absentees, deserters or
unregistered remains or those used in official or private works with
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his knowledge, is punishable with imprisonment not exceeding (1)
one year.
ARTICLE XXXV:
First: Whosoever escapes to join the enemy is punishable with
death sentence
Second: Whosoever escapes to take enemy side during
confirmations or during escape from a site under siege, is
punishable with imprisonment of 2-7 years,
Third: Whosoever escapes within the proximity of Iraq is punishable
with imprisonment not exceeding (3) three years. Whosoever
instigates or facilitates escape is punishable with imprisonment not
exceeding (1) year
Fourth: Whosoever escape, in coordination with more than two
persons, to a foreign country, the instigator or facilitator of the
escape crime is punishable with imprisonment not exceeding (7)
seven years, or life sentence if instigation or facilitation takes place
during time of mobilization.
Fifth: Penalty of (5) year imprisonment shall be imposed on any:
A. Military person escaping abroad during his military service;
B. Person participating with, instigating or luring the committer
to perpetrate the crime stated in item (A) of this section or
assisting, harbouring or hiding the perpetrator, with intent to
facilitate his escape, and is well aware of his entity and
intent;
C. Whosoever is proven to take part in a criminal agreement
intending to commit any offences stated in items A & B of this
section, or worked on pushing or encouraging others to
perpetrate such offences in any form, whether this criminal
agreement had any consequences or not;
D. Military person residing abroad if perpetrated escape while
abroad;
E. Whosoever does not immediately report to the closest
military base or unit after he was a prisoner of war who and
is then released;
F. Whosoever deserts an aircraft or vessel beyond Iraqi borders
and does not, out of negligence, report to the nearest Iraqi
consulate or reference in allied state.
G. Military person caught in flagante delicto in relation to
attempt of crime abroad, is punishable with imprisonment not
exceeding (2) two years;
H. Whomsoever is knowledgeable of perpetration of a crime
stated in items A, B, C, D and E of Article XXX herein and
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I. Pursuant to Article XXX herein, upon arrest or surrender of
penalty of
deserter or truant military person, imposed
imprisonment or confinement may be postponed until after
completion of required military service;
ARTICLE XXXVI:
First: Army deserter, who surrenders himself repentantly, is
deemed as “Extenuating Circumstance”
Second: In time of mobilization, perpetration of crimes stated in
sections “First” & “Second” of Article XXXIII herein shall is deemed
as “Aggravating Circumstance”.
ARTICLE XXXVII:
Whosoever delivers forged documents of termination of military
service in time of mobilization is punishable with imprisonment.
CHAPTER VI
DESERTION VIA FAKE ILLNESS OR INJURY “MALINGERERS”
ARTICLE XXXVIII:
First: Maximum of (3) three years of imprisonment shall be applied
to whosoever:
A. in an effort to avoid duty, deliberately and wilfully fake illness
or cause self-inflicted illness or injuries
B. Deliberately cause, by himself or through others, the
malfunctioning of a limb, etc, in order to become invalid for
military service
Second: Imprisonment not exceeding (6) six months shall be
imposed on any military person who deliberately causes hindrance
of self healing or executed actions that aggravate his illness or
deficiency or disability, with intent to evade any type of military
duties;
Third: Life imprisonment shall be applied where such acts take place
at time of confrontation with enemy;
Fourth: Imprisonment not exceeding (2) years shall be imposed on
any military person who:
1. uses any means of fraud to desert part or whole of military
service;
2. Resorts, with full knowledge, to fraud, for the interest of
others, for purposes stated in section “First” herein;
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CHAPTER VII
DISRUPTING MILITARY SYSTEM
ARTICLE XXXIX:
Whosoever lies about matters relating to his military duties is
punishable with either barrack locking or imprisonment not
exceeding (3) three months.
ARTICLE XL (40):
Whosoever files a false complaint, with knowledge of its falseness,
or deliberately executed the same against established rules for
submitting complaints, is punishable with imprisonment not
exceeding (3) three months.
ARTICLE XLI (41):
First: Whosoever does not adhere to military protocols of respect
towards his Commander or higher ranks during performance of
military
duty,
or
does
not
receive
Commander’s
reprimand/admonition by due respect or objects to Commander’s
words, is punishable with barrack locking;
Second: Imprisonment not exceeding (3) three years shall be
applicable if such offence occurs during performance of military
duties;
Third: Imprisonment shall be applicable where the offence specifies
a definite incident;
Fourth: Imprisonment is applicable where offence comprises
distribution of flier, drawing, photograph or other means of
publications.
ARTICLE XLII (42):
First: Whosoever does not obey an order relating to his duties out
of negligence or not obeying orders in terms of established rules or
changing the same of exceeding limitations, is punishable with
imprisonment not exceeding (3) three months. In case of repetition
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of the same offence, penalty shall be imprisonment not exceeding
(6) six months.
Second: Whosoever deliberately abstains from obeying orders
relating to performance of his duties, or abstains from obeying
orders verbally or in action or insists to disobey despite repetition of
the same order to him, is punishable with imprisonment not
exceeding (4) four years.
Third: In case of occurrence of offences stated in sections “First”
and “Second” of this article at time of mobilization, imprisonment
shall be applicable. Where offence occurs during time of enemy
confrontation, imprisonment for (10) years may be applied.
Fourth: Imprisonment is applicable where offences stated in
sections “First”, “Second and “Third” of this article occur during a
gathering of staff or at issue of order to arms or when the military
person is armed, with intent to evade part or all of his military
duties. Where offence occurs in state of confrontation with enemy,
penalty shall be imprisonment not exceeding (15) fifteen years.
Fifth: Where lack of obedience causes gross damage to assets or
represents life hazard or security disturbance or disruption of army
preparations for war or completion of training, imprisonment shall
be applicable. Life imprisonment is applicable where the offence
occurs in time of confrontation with enemy.
ARTICLE XLIII (43):
First: Whosoever obstructs his Commander, or person of higher
rank, using force or threat, from execution of an order relating to
his duties is punishable with imprisonment not exceeding (10) ten
years. The same penalty is applicable where obstruction is exercised
against soldiers assigned or prepared for Commander’s protection.
Second: Whosoever assaults a higher-ranked officer is punishable
with imprisonment not exceeding 910) ten years. Where assault
occurs while higher-ranked officer is on duty, during gathering of
staff, using a lethal weapon or instrument, imprisonment for not
less than (10) ten years shall be applicable.
Third: Where the assault occurs at time of mobilization,
imprisonment not exceeding (15) fifteen years shall be applicable.
Death sentence is applicable where the assault led to death of the
higher-ranked officer.
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Fourth: where assault results in a permanent disability to the
higher-ranked officer’s body, temporary imprisonment shall be
applicable.
ARTICLE XLIV (44):
First: where offence stated in sections “First”, “Second and “Third”
of Article (XLII) herein due to lower-ranked officer’s provocation by
higher-ranked officer’s committal of an act of breach of military
system or rules, or as a result of exceeding the limitations of his
powers, penalty shall be set at half of designated term. However,
where designated penalty is death sentence, it shall be altered to
life imprisonment, provided that court explains, in the grounds for
its decision, the justification or circumstances necessitating
extenuation.
Second: The higher-ranked officer shall be subject to imprisonment
not exceeding (3) three years, if he exercised provocation.
ARTICLE XLV (45):
First: Whosoever assembles military persons, with intent to submit
complaints or demonstrate findings or discuss matters relating to
military institutions or formations without authorization or vested
powers, is punishable with imprisonment not exceeding (3) three
years.
Second: Whosoever instigates a group of military persons; more
than two, to disobey orders of the higher-ranked, resist or assault
him and the offence was in the phase of planning or attempt and
did not occur, is punishable with imprisonment not exceeding (10)
ten years.
Third: An instigator shall be subject to penalty of imprisonment not
exceeding (15) fifteen years, provided that such instigation results
in severe damage to military services.
Fourth:
Whosoever instigates to disobedience
mobilization is punishable with life imprisonment.
at
time
of
ARTICLE XLVI (46):
First: Whosoever verbally instigates to desertion is punishable with
imprisonment not exceeding (3) three years.
Second: Where instigation in time of mobilization is by means of
messages, pictures, drawings or any other publication forms,
penalty shall be imprisonment not exceeding (5) five years.
ARTICLE XLVII (47):
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First: Any member of a group consisting of two or more military
persons, who agree on disobeying, resisting or assaulting the
Commander shall be subject to imprisonment not exceeding (5) five
years.
Second: Whosoever is knowledgeable, in any manner, of occurrence
of offence stated in section “First” hereinabove, and did not report
the same at a time that allows for prevention of occurrence of such
act, and that offence actually occurs, is punishable with
imprisonment not exceeding (3) three years.
Third: No penalties shall be applied to whosoever agrees with a
group to commit the offence stated in section “First” hereinabove
and they were exposed prior to occurrence of offence prior to
knowledge of the same.
ARTICLE XLVIII (48):
Gathering of two or more military persons in public, vociferously or
roisterly in an attempt to show disobedience of orders of the higherranked, or attempting to actually resist or assault him jointly, is
deemed to entail military rebellion.
ARTICLE XLIX (49):
First: Whosoever participates in the rebellion at time of mobilization
is punishable with imprisonment not exceeding (10) ten years.
Second: instigator to rebellion is punishable with imprisonment for
(15) years.
Third: Whosoever participates in military rebellion, at time of
confrontation with the enemy, is punishable with life imprisonment.
Fourth: Whosoever participates in disobedience of Commander or
military rebellion as instigator or plotter and repents prior to
execution of effective action against Commander or the higherranked military person is punishable with imprisonment. The
penalty shall be imprisonment not exceeding two years for other
persons related to the same.
Fifth: Instigator penalty shall be applied to committal of offences of
rebellion or corruption by whosoever:
A. Expresses verbal rebellion against orders of higher-ranked
military person or insists on disobedience;
B. Facilitates occurrence of disobedience by means of abuse of
countersign use or giving another
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ARTICLE L(50):
Whosoever insults a guard or patrolman or patrol or disobeys their
orders, resists or assaults them is punishable with one of the
penalties stated in Article (XLIII).
ARTICLE LI (51):
Penalties, stated in Article XLIII (43) of this law, to the lowerranked military person, in offences committed against the higherranked, are applied, provided that the lower-ranked is aware of the
rank of the higher-ranked or his superiority, or evidence on the
same exists.
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CHAPTER VIII
EXCEEDING POST LIMITATIONS
“ABUSE OF POWER”
ARTICLE LII (52):
First:
a) Whosoever abuses the powers of his post, status or rank in
issuing orders to commit a crime is punishable with
imprisonment;
b) Commander is deemed to be a “Principal Actor” if the crime
is committed or attempted.
Second: Whosoever is high-ranked and abuses powers of his post
by means of issue of order or request to the lower rank unrelated to
the post or requested a gift or loan from a lower-ranked military
person, is punishable with minimum imprisonment of (2) two years.
Third: Whosoever deliberately and unrightfully imposes penalties or
surpasses his legal capacity is punishable with imprisonment not
exceeding (2) two years.
Fourth: Whosoever discards the complaint of lower-ranked military
person or threatens the complainer to withdraw his complaint is
punishable with imprisonment not exceeding (6) six months.
ARTICLE LIII (53):
Whosoever misuses his powers to influence military courts is
punishable with imprisonment for a minimum period of (2) two
years.
ARTICLE LIV (54):
Whosoever transfers a military person to a location other than his
designated unit, institution or post, without satisfactory reasons, is
punishable with imprisonment not exceeding (6) six months. In
time of mobilization, the penalty shall be imprisonment for a period
not exceeding three years.
ARTICLE LV (55):
Whosoever utilizes a military person in private services, contrary to
established army rules and regulations, is punishable with
imprisonment not exceeding (6) six months.
ARTICLE LVI (56):
Upon request by a competent reference, whosoever neglects or
refuses to assist in legal arrest of a suspect in a crime punishable by
a civil court shall be subject to imprisonment not exceeding (3)
three years.
21
ARTICLE LVII (57):
Whosoever misuses his powers, in cases other than those stated in
Articles 52, 53, 54 & 55 herein, is punishable with imprisonment not
exceeding (1) one year.
ARTICLE LVIII (58):
First: Whosoever curses, insults or maltreats a military person of
lower rank; contrary to military rules and regulations, is punishable
with imprisonment not exceeding three years, provided that the
said acts are committed upon verified and specific incidents.
Second: Whosoever assaults or inflicts any grievous bodily harm to
a lower-ranked military person, or executes an act that harms his
health, or doubled his duties, with no lawful justification, aiming to
torture him, or allows others to assault him, is punishable with
imprisonment not exceeding (2) two years.
ARTICLE LIX (59):
First: Any act, not leading to death, committed by higher-ranked
military person for the purpose of staving off the actual lowerranked person’s assault or to enforce him to obey orders, in cases
of extreme necessity or danger, does not represent a offence.
Second: Use of weapons for lawful self-defence or to retrieve
deserters in authentic movement areas, or to terminate looting and
vandalism, does not represent a offence; provided that no other
alternative efficient means is available.
Third: The higher-ranked military person’s criticism of the lowerranked person, or pointing out to his errors relating to service, does
not represent an insult.
ARTICLE LX (60):
First: Upon committal of any of the offences stated in Articles (52,
53, 54, 55, 56, 57 and 58) herein, a guard, patrolman or patrol is
punishable with the stipulated penalties thereto.
Second: For purposes of provisions of section (First) of this article
hereinabove, a guard or patrolman shall be deemed as Commander
during execution of military duties.
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CHAPTER IX
OFFENCES AGAINST ASSETS/BELONGINGS
OR CAUSING DEATH DURING MOBILIZATION
ARTICLE LXI (61):
First: Whosoever utilizes the horror of war or misuses military
power for unlawful or coercive seizure of other persons’
possessions, or unauthorized collection of monies or funds or
exceeding limitations of all warfare expenditure for his personal
benefit, is punishable with imprisonment for a minimum period of
(10) ten years.
Second: Whosoever, without military necessity, destroys or
vandalizes movable or immovable assets or cuts trees or destroys
agricultural crops, or ordered the same to be executed, is
punishable with imprisonment.
Third: (A) Whosoever distances his military unit, or during
mobilization, for the aim of acquiring public or private monies, or
assumes power over some funds without authorization, is
punishable with imprisonment not exceeding (1) one year.
(B) The same penalty stated in subsection (A) above shall be
applicable to whosoever fails to deliver legally obtained monies,
which he is assigned to deliver.
Fourth: In cases stated in section (Third) hereinabove, the
aggrieved person is entitled to file compensation claim before
23
civilian courts against the perpetrator or Commander, who ordered
the same.
Fifth: Penalty of imprisonment not exceeding (15) fifteen years is
applicable, provided that the acts stated in sections (First & Third)
hereinabove are accompanied with the use of force.
Sixth: Penalty of imprisonment for (15) fifteen years is applicable,
provided that the use of power results in permanent disability for
the victim.
Seventh: Death penalty is applicable, provided that the use of force
results in the death of the victim.
Eighth: Whosoever performs or instigates looting, or heads a group
carrying out looting, is punishable with life sentence, while other
partners are punishable with imprisonment not exceeding (10) ten
years.
Ninth: Whosoever participates in the looting stated in section
“Eighth” hereinabove is punishable with imprisonment not
exceeding (10) ten years, provided that he does not perform an
effectual act during committal of offence.
Tenth: Whosoever, with the intent of unlawful possession, seizes
monies or possessions of persons murdered on battle field or the
wounded while marching or in hospitals or during transport, or
confiscates monies from prisoners of war in his custody, is
punishable with imprisonment for (15) fifteen years.
Eleventh: Whosoever vandalizes or loots, or instigates vandalizing
or looting of the health facilities under the Red Crescent or Red
Cross societies, is punishable with the penalty stated in section
“Tenth” hereinabove.
Twelfth: Whosoever deserts or harms a wounded person, whom he
is entrusted to deliver to a defined location, is punishable with
imprisonment for a minimum period of (2) two years.
Thirteenth: Whosoever harms or re-injures an injured person, with
intent to seize his possessions, is punishable with life imprisonment.
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CHAPTER X
OTHER OFFENCES AGAINST ASSETS/BELONGINGS
ARTICLE LXII (62):
First: Whosoever knowingly and deliberately deserts, destroys or
damages any substance relating to military service, or uses the
same for his personal interest, is punishable with imprisonment for
(5) five years.
Second: Whosoever, out of negligence, loses, destroys, or damages
any substance relating to military service, is punishable with
imprisonment not exceeding (3) three years.
Third: Decisions are issued to retrieve the materials stated in
sections “First” & “Second” hereinabove, if they exist. Where such
materials do not exist, or wholly/partially consumed, the decision is
compensation equivalent to:
a) Their value or the value of generated damages;
b) Threefold of their value where the materials constitute whole
weapons or munitions or spare materials for vehicles. Twofold
the value of generated damages in the cases stated in section
“Second” hereinabove. Fivefold the value of generated
damages in cases stated in section “First” hereinabove.
Fourth: Where the materials, whose value or damage is
compensated, are weapons, ammunition or related parts, or any
other materials related to military service materials and prohibited
to be circulated outside the military, they shall be returned to the
competent military authority.
ARTICLE LXIII (63):
First: Whosoever embezzles or steals any materials, possessions or
monies that belong to the military,
And, whosoever sells, purchases, mortgages, holds as security,
conceals, possesses in bad faith, or carries out any illegal
disposition of any of the said materials, with full knowledge that
they belong to the military, is punishable with imprisonment not
exceeding (15) fifteen years, provided that such offence takes place
in time of mobilization, actual movements, or war.
Second: Where the materials, subject of the offences stated in
section “First” hereinabove, constitute weapons, ammunitions or
related spare parts, the perpetrator shall be punishable with
imprisonment not exceeding (15) fifteen years. However, where
such offences occur in time of mobilization, actual movements, or
war, penalty shall be life imprisonment.
25
Third: Decisions are issued for retrieval of materials stated in
sections “First” & “Second” hereinabove, if they exist. Nevertheless,
where such materials do not exist, or are wholly or partly
consumed; decisions shall be issued for compensation equivalent to
fivefold of their estimated value or fivefold of the value of damages.
Fourth: Where the materials, whose value or damage is
compensated, are weapons, ammunition or related parts, or any
other materials related to military service materials and prohibited
to be circulated outside the military, they shall be returned to the
competent military authority.
ARTICLE LXIV (64):
Penalty of imprisonment not exceeding (3) three years is applicable
to whosoever:
First: Connives to set a low rent for a leased real estate of asset;
Second: Adds a certain sum to a specific price for sale of supplies or
commodities to a military unit, camp, site, barrack, or a location
under his authority, or being the chief or commander of the same,
or receives payment from such acts, or gains benefits in connection
with sale or purchase of military supplies or reserves.
ARTICLE LXV (65):
First: Whosoever, in bad faith, destroys, tears or burns military
books, records, maps, blueprints, documents, instruments, or
stamps, or caused the same to occur or deliberately caused their
loss, is punishable with imprisonment not exceeding (10) ten years.
Second: Where acts stated in section “First” hereinabove are
committed for fear that such papers or seals fall into enemy hands
and it is likely that the enemy would benefit from them; they do not
constitute an offence.
26
CHAPTER XI
OFFENCES RELATING TO
SERVICE DISRUPTION
ARTICLE LXVI (66):
Whosoever drafts or submits a report, statement or other official
papers, contrary to the truth, in relation to service or the post,
And, whosoever mediates to submit the same to higher-ranked
military persons, with full knowledge they are against the truth, is
punishable with imprisonment.
ARTICLE LXVII (67):
First: Whosoever is a Commander of a military station, platoon or
unit in charge of executing a special task,
And, whosoever is a guard, whose negligence or deliberate act to
make himself unable to perform his duties, or abandons his guard
point or executes acts conflicting with received directions or orders,
would lead to likely damage, is punishable with imprisonment not
exceeding (3) three years.
Second: Where the offence stated in section “First” above is
committed during mobilization, the applicable penalty shall be
imprisonment. Nevertheless, in time of confrontation with the
enemy, the applicable penalty shall be execution.
Third: Whosoever is a Commander of a military station, platoon or
unit in charge of the execution of a special task,
And, whosoever is a guard, ho connives the committal of an offence
that he is capable, or in charge of preventing, is punishable with the
27
penalty stated in sections “First” and “Second” of Article (67)
herein.
ARTICLE LXVIII (68):
First: Whosoever subjects military vessels, aircrafts, munitions or
equipments to dangers of siege or seizure, due to his negligence in
performance of his job or duties, is punishable with imprisonment
not exceeding (3) three years.
ARTICLE LXIX (69):
Whosoever causes delay of military courts’ functions or proceedings,
without satisfactory reasons, is punishable with imprisonment not
exceeding (3) three years.
ARTICLE LXX (70):
First: Whosoever swindles or transforms military supplies and
ammunitions, or caused the same,
And, whosoever, knowingly and deliberately, distributes swindled or
transformed military supplies, is punishable with imprisonment not
exceeding (4) four years.
Second: Whosoever distributes, or causes the distribution, of
expired supplies, is punishable with imprisonment not exceeding (4)
four years.
ARTICLE LXXI (71):
First: Whosoever receives, or causes receipt of, foods, garments,
equipments or other military items or buildings contrary to terms
and conditions of the agreement, contract or form, is punishable
with imprisonment not exceeding (7) seven years. Penalty is
doubled where delivery is in connection with arms, ammunitions,
animals, or other military items.
ARTICLE LXXII (72):
First: Whosoever volunteers in the army and does not report
previous volunteering activities or his being a former army member,
or volunteers while lacking volunteer conditions and conceals
grounds for denial of volunteer admission, is punishable with
imprisonment not exceeding (1) one year.
Second: Whosoever is discharged or expelled from the army, then
volunteers by means of misleading volunteer or army department
through failure to report grounds for his discharge or expulsion, is
punishable with imprisonment not exceeding (2) two years.
Third: Whosoever commits offences stated in sections “First” &
“Second” hereinabove is punishable with discharge.
ARTICLE LXXIII (73):
28
Whosoever is a higher-ranked military person, who neglects
observation of the lower-ranked military person, fails to report
offences committed by the lower-ranked, or knowingly and
deliberately fails to take legal actions in relation to such offences, is
punishable with imprisonment not exceeding (6) six months.
ARTICLE LXXIV (74):
First: Whosoever is found to be attending a political meeting or a
member of a political organization, participates in a demonstration,
or directs other toward the same, or distributes political literature,
or delivers a political speech, is punishable with imprisonment for
(5) five years.
Second: Whosoever, without permission, becomes a member of a
charitable organization is punishable with imprisonment not
exceeding (30) thirty days.
CHAPTER XII
OFFENCES AGAINST MILITARY HONOR
ARTICLE LXXV (75):
First: Penalty of imprisonment for minimum period of (3) three
months shall be applicable to whosoever:
a) is found in a state of intoxication;
b) enters brothels, gambling clubs or places deemed as offensive
to military honour;
29
c) Accompanies persons known for their bad character and
reputation, while, deliberately and knowingly, being dressed
in military uniform.
Second: Whosoever is a military person and participates in
gambling, is punishable with imprisonment for a minimum period of
(3) three months. The penalty shall be imprisonment for a minimum
period of (6) six months in case of recurrence of the same.
Third: Whosoever co-resides, in the same residence, with a
prostitute and does not move out despite warning, is punishable
with imprisonment not exceeding (6) six months.
Fourth: Whosoever is convicted with any acts stated in this article
(i.e. Article 75) is deemed to be discharged from the army.
ARTICLE LXXVI (76):
First: Whosoever practised sodomy with a military person, with his
consent, whether the act was executed or attempted, is punishable
with imprisonment for a minimum period of (3) three years.
Second: The same penalty stated in section “First” hereinabove
shall be applicable to the sodomee or female receptive partner in
intercourse. No other penalties shall be applicable if the sodomee is
an officer.
Third: Perpetrator’s penalty shall be applicable to whosoever is a
mediator in this act (i.e. sodomy), or knows of the same and does
not report it to his Commander.
Fourth: Whosoever executes sodomy with a military person, by
force and without consent, is punishable with life or temporary
imprisonment.
ARTICLE LXXVII (77):
Whosoever commits an honor crime; e.g. forgery, embezzlement,
stealing, breach of trust, fraud, false testimony, false oath, bribery,
sodomy or sexual intercourse, whether he is a perpetrator, recipient
or mediator, is punishable with deprivation of all cadet rights and
admission to military schools.
30
CHAPTER XIII
DISCIPLINARY PENALTIES
ARTICLE LXXVIII (78):
Whosoever is proven to commit an act, negligence, or slackness
disturbing military order with no designated penalties by law, is
punishable with one of the disciplinary penalties stated in Articles
LXXIX (79) and LXXX (80) herein.
ARTICLE LXXIX (79):
Disciplinary penalties applicable to officers are:
a) Scolding; In Private or In Public:
1. Scolding in private: is carried out by means of sending
confidential correspondence to the officer notifying him
of the type of his offence, informing him that his acts
are unsatisfactory and requesting correction of the
same.
2. Scolding in Public: is carried out by means of sending
correspondence to the officer notifying him of the type
of his offence, informing him that his acts are
unsatisfactory. The same is published in army orders.
b) Salary suspension not exceeding (14) months is applicable
where damage/loss occurs as a result of performing the
act(s) constituting the offence grounds.
ARTICLE LXXX(80):
Disciplinary penalties applicable to ranks below officers are:
31
a) Barrack Locking not exceeding (7) seven days;
b) Additional duties, not exceeding (7) days; i.e. additional
education or patrolling
c) Salary suspension not exceeding (14) days, where
damage/loss occurs as a result of performing the act(s)
constituting the offence grounds.
d) Deprivation of weekly leave; i.e. depriving the convicted from
leaving barrack, military school or military institution on
Fridays and official holidays for a period not exceeding (30)
thirty days.
32
CHAPTER XIII
GENERAL & CONCLUDING PENALTIES
ARTICLE LXXXI (81):
Provisions of the Penalty Code no. 11 of 1969 and Anti-Terrorism
Law no. 13 of 2005 and all other penal laws shall be applicable in
cases not stated herein.
ARTICLE LXXXII (82):
First: Military Penal Code no. 13 of 1940 is cancelled.
Second: Code of Military Discipline issued by order no. 23 of 2003
by the dissolved Coalition Provisional Authority is cancelled.
Third: Law of “The regulation of army, police, security,
naturalization, borders, traffic and national intelligence deserters”
no. 129 of 1975 and the law of “Fugitives Abroad” no. 28 of 1972
are cancelled.
ARTICLE LXXXIII (83):
This Act shall take effect after (60) sixty days from the date of
publication in the Official Gazette.
Tarek Al-Hashemi
Vice President
Adel Abdul-Mahdi
Vice President
Jalal Talebani
President
of
Republic of Iraq
the
REASONS NECESSITATING ISSUE OF THIS CODE
Whereas, the Military Penal Code no. 13 of 1940 by the dissolved
Coalition Provisional Authority;
Whereas, a long period lapsed since legislation of this code,
33
Whereas, occurrence of changes occurred in Iraq and type of
requirements of the Iraqi army to issue a Penalty Code that
regulates military life, which is mainly based on military discipline
and observing military duties,
And, in accordance with the provisions of the Constitution of the
Republic of Iraq, principles of democracy and international treaties
thereto,
Therefore, it is essential to draft a military penal legislation in
harmony with the said developments. For this reason, this code is
legislated.
34