COALITION PROVISIONAL AUTHORITY ORDER NUMBER 73
TRANSFER OF THE IRAQI CIVIL DEFENSE CORPS
TO THE MINISTRY OF DEFENCE
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
under the laws and usages of war, and consistent with relevant United Nations Security
Council resolutions, including Resolutions 1483 and 1511 (2003),
Noting that CPA Order Number 22, Creation of a New Iraqi Army, August 7, 2003,
established a military force for the national self-defense of a future free Iraq,
Noting that CPA Order Number 23, Creation of a Code of Military Discipline for the
New Iraqi Army, August 7, 2003, established a system of discipline to maintain order in
the New Iraqi Army,
Noting that CPA Order Number 28, Establishment of the Iraqi Civil Defense Corps,
September 3, 2003, established a temporary security and emergency service agency for
Iraq to complement operations conducted by Coalition military forces in Iraq,
Noting the adoption on March 8, 2004of the Law of Administration for the State of Iraq
for the Transitional Period,
Further noting that CPA Order Number 67, Ministry of Defence, promulgated on March
21, 2004, redesignated the New Iraqi Army as the Iraqi Armed Forces, established a new
national ministry to provide civilian control of the Iraqi Armed Forces and supporting
organizations, and provided for the eventual transfer of the Iraqi Civil Defense Corps to
the Ministry of Defence as a component of the Iraqi Armed Forces,
Recognizing, in light of current circumstances within Iraq, the need to transfer the Iraqi
Civil Defense Corps to the Ministry of Defence as a component of the Iraqi Armed
Forces and to provide additional clarification with respect to the status and authority of
the Iraqi Civil Defense Corps and its members,
I hereby promulgate the following:
Section 1
Transfer
1) The Iraqi Civil Defense Corps, to include all associated personnel, facilities, and
equipment, established pursuant to CPA Order Number 28 is hereby transferred to the
Ministry of Defence as a component of the Iraqi Armed Forces.
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2) As a component of the Iraqi Armed Forces, the Iraqi Civil Defense Corps shall be
subject to the terms of CPA Order Number 22, as amended; provided that in the event
of a conflict between the terms of CPA Order Number 22, as amended, and CPA
Order Number 28, as amended, the terms of CPA Order Number 28, as amended,
shall govern.
3) The transfer of administrative functions for the Iraqi Civil Defense Corps shall be
accomplished in a manner and on a timeline agreed to by the interim Minister of
Defence and the senior military commander of Coalition Forces in Iraq consistent
with the Ministry of Defence’s capability to administer such responsibilities.
Section 2
Amendment to CPA Order Number 22
Coalition Provisional Authority Order Number 22, Section 3, is hereby amended by
adding a new Section 3, Article 5, as follows:
“5) The Iraqi Civil Defense Corps shall operate as a component of the Iraqi Armed
Forces in accordance with the terms of this Order, CPA Order Number 28, as
amended, CPA Order Number 67, and CPA Order Number 73; provided that in the
event of a conflict between the terms of this Order and CPA Order Number 28, as
amended, the terms of CPA Order Number 28, as amended, shall govern.”
Section 3
Amendments to CPA Order Number 28
1) Coalition Provisional Authority Order Number 28, Section 1, Article 4, is hereby
amended to read in its entirety as follows:
“4) The Iraqi Civil Defense Corps is a component of the Iraqi Armed Forces. The
Iraqi Civil Defense Corps shall operate in accordance with the terms of this Order, as
amended, CPA Order Number 22, as amended, CPA Order Number 67, and CPA
Order Number 73; provided that in the event of a conflict between the terms of this
Order, as amended, and CPA Order Number 22, as amended, the terms of this Order,
as amended, shall govern.”
2) Coalition Provisional Authority Order Number 28, Section 2, Article 4, is hereby
deleted in its entirety and the existing Section 2, Article 5, is hereby redesignated as
Section 2, Article 4.
3) Coalition Provisional Authority Order Number 28, Section 2, Article 6, is hereby
deleted in its entirety.
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4) Coalition Provisional Authority Order Number 28, Section 3, is hereby amended by
adding a new Section 3, Article 5, as follows:
“5) Notwithstanding Section 3, Article 4 above, members of the Iraqi Civil Defense
Corps under the operational control of a Coalition Forces officer may use force
consistent with rules of engagement or rules for the use of force applicable to
Coalition Forces to execute their assigned missions and taskings.”
5) Coalition Provisional Authority Order Number 28, Section 4, Article 1, is hereby
amended to read in its entirety as follows:
“1) The Iraqi Civil Defense Corps shall operate under the authority of the
Administrator of the CPA. Subject to the authority of the Administrator of the CPA,
the interim Minister of Defence shall be responsible for management and employment
of the Iraqi Civil Defense Corps and shall exercise direction and control (including
commissioning and appointments) over the Iraqi Civil Defense Corps and its
organizational structure. During the period in which the Iraqi Civil Defense Corps is
under the operational control of a commander of Coalition Forces for the purpose of
conducting combined operations and providing other support, as provided for in CPA
Order Number 67, the Administrator of the CPA may delegate to the senior military
commander of Coalition Forces in Iraq responsibility and authority for the recruiting,
training, organization, and control of the Iraqi Civil Defense Corps. This
responsibility and authority may be re-delegated pursuant to Section 7 below.”
6) Coalition Provisional Authority Order Number 28, Section 4, is hereby amended by
adding a new Section 4, Article 2, as follows:
“2) While the Iraqi Civil Defense Corps is under the operational control of Coalition
Forces, the senior military commander of Coalition Forces in Iraq may set the
standards for manning, training, and equipping Iraqi Civil Defense Corps forces, as
well as establishing their mission essential task list (METL) and operational
employment.”
7) Coalition Provisional Authority Order Number 28 existing Section 4, Articles 2 and 3
are hereby redesignated as Section 4, Articles 3 and 4, respectively.
8) Coalition Provisional Authority Order Number 28, Section 5, is hereby amended by
adding a new Section 5, Article 3, as follows:
“3) Notwithstanding any other provision in this or any other CPA Order, Regulation,
or Memorandum or any provision in Iraqi law, Iraqi Civil Defense Corps members
acting within the scope of their mission or tasking and consistent with applicable
Coalition rules of engagement or rules for the use of force are immune from Iraqi
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