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 Sad dam 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,

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

CP A/ORD/7 August 2003/22 1
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 selfpropelled 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 7.62mrn.

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.

CP A/ORD/7 August 2003/22 2
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 Amy 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-Chiefpending 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 Amy and may designate Commanders of

units of the New Iraqi Army, of the Amy 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.

CP A/ORD/7 August 2003/22 3
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 Temls and Conditions of

Service, as may be considered necessary to give effect to the temls 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.

CP A/ORD/7 August 2003/22 4
ENLISTMENT

2)

age.

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

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;

(t) 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 CP A/ORD/16 May

2003/01 shall be eligible except with specific permission of the CPA.

RANK STRUCTURE

6) The New Iraqi ArnlY 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:

~l..Q ~ Tilmeez Daabet

i"j)l4 Mulaazem

i"j)l4 J) Mulaazem Awwal

~ Naqeeb

~\.) Raaed

i"~ Muqaddam

Officer Candidate

2nd Lieutenant

1 st Lieutenant

Captain

Major

Lt. Colonel

CP A/ORD/7 August 2003/22 5
*

~

~I)

~..;9

Aaaqeed

Aameed

Liwaa

Fareeq

Colonel

Brigadier General

Major General

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:

.lb. t.i .

t.i~ JJi

~.JC- ~u

~.JCJJi ~.JC-

~J

JJi~J

Private

Private 1st Class

Corporal

Sergeant

Sergeant 1 st Class

Master Sergeant

Sergeant Major

Jundi

Jundi A wwal

Naeb Aareef

Aareef

Aareef A wwal

Wakeel

Wakeel A wwal

JA~

JJ1 JA ~

Warrant officer

Chief Warrant Officer

Muahhal

Muahhal Awwal

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.

CP A/ORD/7 August 2003/22 6
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 comrnencementofDisciplinary 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 pemrission 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 of24 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 CP A 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;

CP A/ORD/7 August 2003/22 7
(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 teffilination, Members who have

completed initial entry training, may request that the decision to

teffilinate their service be confiffiled 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 deteffilination under this

clause (b) shall be conclusive upon confiffilation 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 teffilination, if no

request for confiffilation is made.

(c) Service in the New Iraqi Army shall also ternlinate upon:

(i) the granting of an application from a Member of the

New Iraqi ArnlY for discharge based upon

demonstrated need;

(ii) on the granting of an application to resign; or

(iii) a deternlination by the Administrator or his delegate

that such ternlination is necessary for the good of the

servIce.

CP A/ORD/7 August 2003/22 8
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

(CP A/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

Members of the New Iraqi Army may not:

(a) be members ofa 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

CP A/ORD/7 August 2003/22 9
(d)

Activities.

participate in any manner in Extremist Organizations or

2) Nothing in this Section shall limit the right of a member of the New Iraqi

Army to vote in elections for political office organized on a local, regional or

national basis.

Section 10

Defense Areas

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 prohibit or restrict access by any person to any Defense Area and

may make all appropriate provisions for the control and security of any Defense

Area. In the event such prohibitions or restrictions limit access to privately-owned

property, reasonable compensation shall be promptly paid to the property owner

during the period of limited access.

Section 11

Administrative Instructions

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 issue Administrative Instructions, not inconsistent with this Order,

prescribing all matters that are necessary or convenient for giving effect to or

carrying out the purposes of this Order.

Section 12

Entry into Force

This Order shall enter into force on the date of signature.

(

"" ( ~ vi-- "'~ ?!'

L. Paul Bremer, Administrator

Coalition Provisional Authority

CP A/ORD/7 August 2003/22 10