COALITION PROVISIONAL AUTHORITY ORDER NUMBER 23
CREATION OF A CODE OF MILITARY DISCIPLINE FOR
THE 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 in this regard that CPA Order Number 22 created the New Iraqi Army,
Acknowledging the need to ensure that the New Iraqi Army has a system of
discipline to maintain order,
Noting that CPA Order Number 22 provides for both military and civilian
jurisdiction over members of the New Iraqi Army
I hereby promulgate the following:
SECTION 1
DEFINITIONS
“Accused” means a Member of the New Iraqi Army subject to this Code of
Military Discipline, against whom disciplinary proceedings are conducted in
respect of an allegation of a Military Offense under this Code of Military
Discipline,
“Charge” means a formal accusation in writing, prepared at the direction of the
Disciplinary Officer and signed by a Disciplinary Officer, that a Member of the
New Iraqi Army subject to this Code of Military Discipline has committed a
Military Offense,
“Commander of the New Iraqi Army” means the Iraqi officer appointed by the
Administrator of the CPA to command the New Iraqi Army,
“Disciplinary Proceedings” means the investigation into, hearing of and
the decision reached, under this Code of Military Discipline in respect of an
allegation of a Military Offense and includes any appeal of any such decision,
CPA/ORD/7 August 2003/23
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“Elements of Military Offenses” means the elements of the Offenses required to
be proved to the required criminal standard before a member of the New Iraqi
Army can be convicted of a Military Offense.
“Junior Disciplinary Officer” means either the officer of at least Captain in rank who at the time of any part of the Disciplinary Proceedings in respect of an allegation under this Code of Military Discipline commands the company or equivalent unit, or battalion or equivalent unit of which the Accused is a member, or the officer of at least the rank of Captain who is appointed, in accordance with the provisions of this Order, by an officer in command of a Brigade to be the Junior Disciplinary Officer of the Accused for the Disciplinary Proceedings,
“Member of the New Iraqi Army” means a person serving in the New Iraqi Army
from the time of attestation until the date of termination of service,
“Military Court” means a civilian court with a civilian judge who has been
appointed as a Military Judge pursuant to Section 5 of this Order,
“Military Judge” means a civilian judge with jurisdiction over Military Offenses in accordance with the provisions of this Order,
“Military Offense” means an act or omission described in Section 3 of this Code
of Military Discipline,
“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,
“Senior Disciplinary Officer” means either the officer of at least Lieutenant
Colonel in rank who at the time of any part of the Disciplinary Proceedings in
respect of an allegation under this Code of Military Discipline commands the
Battalion of which the Accused is a member, or the officer of at least the rank of Lieutenant Colonel who is appointed, in accordance with the provisions of this Order, by the Commander of the New Iraqi Amy to be the Senior Disciplinary Officer of the Accused for the Disciplinary Proceedings.
CPA/ORD/7 August 2003/23
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SECTION 2
MILITARY JURISDICTION
1) Members of the New Iraqi Army are subject to this Code of Military
Discipline at all times from the date of their attestation until the date of
termination of service.