الاطار القانوني للمجموعات المسلحة المنضوية في الجيوش النظامية

الملخص EN

Currently, the subject of the armed groups is considered one of the important subjects, due to their increasing number and the increasing non international armed conflicts The phenomena of the armed groups within the regular army, or what is so called the ( army reserve), is not a new one; the American constitution1787 referred to the militias idea in the article(2) as well as the ( weakened army) or the ( Paseej) that had been formed in Iran 1979 which resembles the idea of Al-Heshed Al-Sh’aby which is formed as a response to the Fetwaa of the religious authority( al-Merj’ia ) in Al-Najaf Al-Ashraf 2014 after the control of Da’esh(SISI) on a number of cities in Iraq like Al-Musel, Salahul-Deen, Tikreet and others), to support the Iraqi Army.

The actions of Al-Heshed Al-Sh’aby is organized by a number of decisions issued by council of ministers.

The act of the institution of Al-Heshed Al-Sh’aby.

Act No.(40) in 2016 had issued to organize Al-Heshed Al-Sh’aby The international agreement do not refer directly to the subject of the armed groups within the regular army rather, they say as in agreement of The Hague 1907 concerning the laws and traditions of the land war, and the third common article of Geneva’s four agreements 1949 and the second attached protocol 1977.