Review of the Constitution of the Republic of Kurdistan · Peer-reviewed essay
An active national defence doctrine within the Constitution
Unified force, civilian mandate and protection of the nation in Clauses 36, 63–66 and 71
Kurdistan’s security environment requires credible defence, strategic initiative and constitutional discipline. The article defines active defence, a unified chain of command, civilian oversight, lawful budgeting and whole-of-society resilience.
Doctrinal analysis of the constitutional text, read together with institutional design, comparative public law and implementation risks. The article distinguishes binding text, interpretive principle and policy recommendation.
Defence and constitutional survival
The Republic must possess the capacity to protect its people, territory and institutions. That mission derives from the Constitution and cannot be privatised among parties, regions or personal commands.
The meaning of active defence
Active defence combines deterrence, intelligence, readiness, alliances and proportionate response. It rejects both passivity and uncontrolled escalation by tying initiative to lawful objectives and political authorization.
Unified force and command
A single professional force, clear civilian command and interoperable doctrine prevent fragmentation. Recruitment and promotion must reflect competence, national service and constitutional loyalty.
Oversight, budget and resilience
Legislative authorization, classified but real audit, rules of engagement and judicial remedies constrain force. Civil defence, infrastructure continuity, reserves and public preparedness make protection a national system.
Conclusion
Constitutional control is not an obstacle to defence; it is what turns armed capacity into legitimate national power.
References
- دەستووری کۆماری کوردستان، بەندەکانی ٣٦، ٦٣ تا ٦٦ و ٧١، وەشانی ٢٧٢٦ی کوردی.
- United Nations, Charter of the United Nations, Article 51, 1945.
- Geneva Conventions of 12 August 1949.
- DCAF, Parliamentary Oversight of the Security Sector: Principles, Mechanisms and Practices, 2003.