Text: Iraqi Security Law

Following is the text of a new national security law that will allow Prime Minister Ayad Allawi to exercise broad powers of martial rule to combat a persistent insurgency. The translated text was distributed by the interim government.

In the Name of Allah, the Most Compassionate and the Most Merciful.

Republic of Iraq
Office of the Prime Minister

Order of Safeguarding National Security
Number ( ) for the Year 2004

In the name of the people.

According to the provisions of Section 2 of the Transitional Administrative Law Annex, and according to the provisions of Article 25 of the above mentioned law, and consistent with the provisions of Chapter two of this law, we promulgate the following order.

Article one

The Prime Minister, with the unanimous approval of the Presidency Council, may declare a state of emergency in any part of Iraq upon the exposure of the people of Iraq to a danger of grave proportions, threatening the lives of individuals and emanating from an ongoing campaign of violence by any number of people, for the purpose of preventing the establishment of a broad based government in Iraq, or to hinder the peaceful participation of all Iraqis political process, or for any other purpose.

Article two

A state of emergency shall be declared by an Order explaining the reasons for which the state of emergency was declared, as well as a definition of the area it covers, and the definition of the start of the state of emergency and its duration, provided that the state of emergency shall not extend beyond 60 days or beyond the elimination of the danger or circumstances that called for its declaration, whichever comes first. The duration of state of emergency may be periodically extended, every thirty days 30 days as necessary by written declaration from the Prime Minister and the Presidency Council, and it shall automatically cease to be effective, if not extended in writing, at the end of any extension period.

Article three

The Prime Minister, during a state of emergency and within the limits of the area where such a state of emergency is declared, is empowered with the following interim extraordinary authorities.

First: After the issuance of an arrest warrant or a search warrant, except in extreme exigent circumstances, restrictions may be imposed on the freedoms of the citizens or the foreigners in Iraq in the instances of witnessed crimes or accusations supported by evidence or credible suspicion in the areas of transport, movement, assembly, gathering, passage, travel from and to Iraq, the carrying or use of weapons and ammunition or hazardous materials; those whose behavior is suspicious can be detained, searched and their homes and places of employment can be subject to search. The Prime Minister shall delegate these or other powers to those he chooses among military or civilian officials.

Second: Impose curfew during a determined short period of time on the area that is facing a dangerous security threat, seeing explosions, unrest and large scale enemy armed operations; he may isolate such area, cordon it off with appropriate forces and search it when there is proof or suspicion that some of its inhabitants possess medium or heavy weapons, explosives or when outlaws seek refuge therein and after a search warrant is issued, except in extreme exigent circumstances.