The Code of Military Discipline for the

The Code of Military Discipline for the Iraqi Army LTC Ray Combs CMATT Section 2—Military Jurisdiction All IA soldiers are subject to the Code of Military Discipline. Soldiers are also subject to the jurisdiction of civilian courts. Section 3—Military Offenses Military offenses include: Mistreatment of soldiers of inferior rank Causing or engaging in a disturbance or behaving in a disorderly manner Behaving in an insubordinate manner Striking a soldier of the IA or a soldier of another armed force of superior rank or civilian instructor placed over the accused Making a false statement concerning any official matter relating to the IA Fighting with another soldier of the IA Section 3—Military Offenses While on sentry duty ... Engaging in misconduct Failing to do one’s duty Avoiding the performance of a duty or negligently performing a duty Willfully or by neglect damaging or causing loss of any property of the IA Conduct to the prejudice of good order or military discipline Behaving in a manner likely to bring discredit on the IA Section 3—Military Offenses Drunkenness which causes the soldier to be: Unfit to be entrusted with his duty Unfit to be entrusted with any duty which the soldier was reasonably aware that he could be called upon to perform Behaving in a disorderly manner Behaving in any manner likely to bring discredit upon the NIA Soldiers who commit a civilian criminal offense or violate the law of war are also guilty of committing a military offense. Section 7—Arrest Soldiers may be arrested for committing, or being suspected of committing, a military offense by: A soldier of the IA of superior rank A civilian instructor placed in authority over the accused A civilian police officer acting within the officer’s authority A soldier of the IA serving in a military police position Soldiers must be informed of the reasons for their arrest within 24 hours. Disciplinary officers have no more than 72 hours to either release the soldier, deal with the allegation, or refer the matter to a Military Court. Accused soldiers have the right to have an officer assist them during questioning. Soldiers are not obliged to say anything unless they wish to do so. If the soldier chooses to make a statement or answer questions, he must be given the right to sign the record as accurate. The soldier must be provided a written copy of the charges as well as a copy of all documentary evidence. Section 8—Investigation of Allegations Disciplinary hearings must provide for the basic rights of the accused soldier. Soldiers will have at least 24 hours to prepare for disciplinary hearings. The accused must be assisted by an officer of his choice. The soldier shall have the charges against him explained. The soldier shall have the right to question witnesses. The soldier shall have the right to present evidence in support of his case, and if convicted, to present evidence or speak as to why his punishment should be lessened. The soldier shall have the right to remain silent. No adverse consideration may be taken against him for exercising this right. Section 10—Disciplinary Hearing Section 11—Punishments by Disciplinary Officers A disciplinary officer may award the following punishments with respect to each offense in which the soldier is found guilty. Detention for up to 7 days Fine up to 14 days pay Reprimand Up to 7 days extra duty In respect to PFC, CPL, and SGT, reduction in one rank Forfeiture of up to 14 days pay for lost or damaged property No more than 28 days pay may be taken during a single hearing. Detention may only be awarded to a PVT, PFC, or CPL. It may not be combined with any other punishment except stoppages of pay. Reduction in rank may not be combined with any other punishment. Section 11—Punishments by Disciplinary Officers Section 12—Appeal from Disciplinary Officer A soldier who has been convicted is entitled to an appeal. The soldier must submit the appeal and any supporting evidence in writing to his commanding officer within 14 days of the disciplinary hearing. Questions ?