Year: 2023
After serving as the military wing of
a liberation movement and taking part in guerilla warfare, the Kurdistan Peshmerga
Force evolved into a disciplined and experienced force that is entrusted with
defending the Kurdish people and territory within the framework of a ministry
of the Kurdistan Regional Government. The force has sacrificed its life in this
regard and has fought against all forms of hostility and occupation against
Kurdistan. Despite the
existence of various educational programs and lectures in the Peshmerga
training centers and military schools, in order to boost this force's legal awareness and
bring it to international legal standards in the field of armed conflict law, a
military law Manual was necessary to support this force's legal education. It is therefore essential that the
Kurdistan Peshmerga forces and the parties involved with international
humanitarian law, have access to this Manual, which is based on
international humanitarian law and applicable legislation in Iraq and the
Kurdistan Region. Thus, The Kurdistan Center for International Law (KCIL) is preparing
this Manual for legal education on the laws of armed conflict, the project is funded by IFA (Institut für Auslandsbeziehungen) via German Federal Foreign Office Fund.
In the preparation of this Manual for the Ministry of Peshmerga of Kurdistan, all applicable laws
regarding military and armed conflict in the Kurdistan Region and Iraq, as well
as its changes from 1940 to 2017, were discussed, and the international
treaties to which Iraq is a party and which the Kurdistan Region and Iraq are obliged
to, have been considered. Moreover, intensive interviews have been conducted with a group of senior
Peshmerga commanders in the ministry at various levels, positions, offices and
directorates, and all of their views and remarks regarding the laws, strengths
and weaknesses in the field of legal education and training on the laws of
armed conflict in different situations and contexts are included in the
guideline. In this regard, the Peshmerga Ministry's dignitaries, including the
Training Department, Military Training Colleges, Legal Office, Military Court,
secretaries, and senior field commanders, have all been incredibly cooperative
and devoted. Also, to read and delve into legal sources, all common domestic
and international treaty laws that Iraq and Kurdistan are obliged to, have been
read and studied. Further, this guide was authored using the International
Committee of the Red Cross's guidelines, a guide to the Law of Martial and the
Laws of Armed Conflict of other countries.