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Law of military service and retirement
 

In the name of the people
The Presidency Council

Based on what the House of Representatives has passed and subsequent approval by the Presidency Council, and with reference to item "first" of article 61, and item "third" of article 73 of the constitution, the following law is issued:

No. (    ) for 2009

Part I
(Enforceability and targets)

Article (1)
Provisions of this law shall apply to the military of:

First: officer, from lieutenant rank and above

Second: cadets of military colleges, institutes and schools in the army

Third: Imams in the army

Fourth: volunteers from a soldier and above

Fifth: the military means, for the purposes of this law, who affiliates to Iraqi armed forces and make of the military service his profession, whether he is an officer, volunteer, or cadet in any military college, schools or vocational training centers in army or a military establishment.

Article (2)
This law aims to regulate:

First: services of officers, volunteers, Imams and their promotion in the army

Second: retirement or resignation

Third: pensionary rights, allotments and the deprivation of them

Fourth: honor the cases of sacrifice, injury and martyrdom as a result of duty or owing to it.

Part II
Services to Officers

Chapter I
Appointment

Article 3

First: lieutenant rank shall be granted and the officer promoted, his resignation is accepted and referred to retirement and returned to service according to this law provisions by a proposal from the Minister of Defense and with approval of the chief commander of the armed forces or his delegate.

Second: the army's chief of staff and his aides, and who are in the post of brigade commander and above, shall be appointed by a proposal from the Minister and recommendation from the Council of Ministers, with approval from the House of Representatives and ratification by the Presidency Council.

Article 4

First: he who will be granted the rank of lieutenant in the army is required to:

a.    be an Iraqi descending from Iraqi parents
b.    have completed 20 years of age and not more than 26 years, and not more than 28 years for affiliates of the army and the Ministry of Defense
c.    be of good conduct and reputation and not convicted of a felony or misdemeanor involving violation of honor, crimes of terrorism or offenses in touch with the state internal and external security
d.    be graduate from any of:
1.    Iraqi military colleges
2.    foreign military colleges to which the cadet was delegated by the Ministry of Defense, duly recognized by the Iraqi Ministry of Defense
3.    non-military high colleges and institutes in which the course of study is not less than 4 years
4.    special courses organized by the Ministry
                           
e.    meet the requirements of physical fitness and sound health   

Second: officer returned to service shall be exempted of age requirement provided for in item (b) clause (first) hereof.