Decree amending certain provisions of the Military Law: Raising the liberty-restricting penalty from 60 to 90 days
Ibrahim Muhammad – Decree-Law No. 92 of 2026 was issued amending certain provisions of Law No. 32 of 1967 concerning the Army. The decree includes amendments to several articles related to disciplinary violations and penalties, as well as conditions for acceptance and medical fitness. It also regulates the acceptance of professionals and other categories under special contracts and introduces a new type of special leave.
The issuance of the decree, published in the official gazette “Al-Kuwait Al-Youm,” came after reviewing the Constitution, the Amiri Decree dated May 10, 2024, Law No. 24 of 1963 establishing the Supreme Defense Council (as amended by Decree-Law No. 53 of 1987), and Law No. 32 of 1967 concerning the Army, along with its amending laws. The decree also relied on Decree-Law No. 15 of 1979 concerning Civil Service and its amending laws, Decree No. 84 of 2024 concerning ministerial delegations and substitutions and its amending decrees, and was based on the proposal of the Minister of Defense, following the approval of the Council of Ministers.
Disciplinary Penalties
Article 1
Article 1 of the decree stipulates the replacement of the text of Article 23, and items 2 and 3 of Article 32, and item 2 of Article 40 of Law No. 32 of 1967.
Under the new text of Article 23, disciplinary violations and penalties, as well as the methods for imposing, executing, and appealing them, shall be determined by decree. However, penalties shall not include dismissal, expulsion, removal from office, demotion, any corporal punishment, or any restriction of liberty exceeding 90 days.
The explanatory memorandum clarified that the amendment raised the maximum limit for penalties involving restriction of liberty from 60 to 90 days. This aims to enhance the effectiveness of the disciplinary violation system and enable the competent authority to impose penalties commensurate with the severity of the violation, thereby maintaining military discipline without affecting other provisions and guarantees established in the article.
Conditions for Officer Acceptance
The decree amended items 2 and 3 of Article 32, which concern the conditions for accepting officers. It now requires that applicants meet the age of acceptance, which shall be determined, along with any exceptions, by a decision of the Minister of Defense. It also requires proof of medical fitness for military service, with the specific conditions to be determined by a decision of the Minister of Defense.
The explanatory memorandum noted that granting the Minister of Defense the authority to determine the age of acceptance and related exceptions by decision, rather than stipulating them rigidly in the law, allows for keeping pace with the needs of the armed forces and changes related to recruitment and enlistment policies. It added that delegating the determination of medical fitness conditions for military service to a decision issued by the Minister of Defense provides the necessary flexibility to align medical requirements with scientific developments and military medical standards.
Non-Commissioned Officers and Enlisted Personnel
The amendment to item 2 of Article 40 stipulates that applicants must meet the age of acceptance, which shall be determined, along with any exceptions, by a decision of the Minister of Defense.
According to the explanatory memorandum, this amendment aims to unify the provisions regarding the age requirement for the acceptance of non-commissioned officers and enlisted personnel with those governing the acceptance of officers, by making the determination of the age of acceptance and exceptions subject to a decision by the Minister of Defense. The amendment achieves legislative coherence and facilitates the updating of these regulations when required by the public interest.
Acceptance of Professionals under Special Contracts
Article 2 of the decree approved the addition of a new paragraph to Article 5 of the Army Law, permitting the acceptance of professionals in the army and any other category under special contracts, in accordance with the decisions and regulations governing this matter, which shall be issued by a decision of the Minister of Defense.
The memorandum explained that this amendment addresses the increasing needs of the armed forces for specialized professional and technical personnel and establishes a legal basis for contracting with such categories under special contractual systems suited to the nature of their work, thereby ensuring flexibility in attracting and retaining qualified talent.
Special Leave
The decree also added a new item, numbered 5, to Article 82 of the law, introducing a new type of leave: special leave with full pay, reduced pay, or without pay.
The amendment aims to provide a legal framework that grants the military administration the necessary flexibility to handle cases requiring the granting of special leave to military personnel, in accordance with the controls established by regulations and decisions, thereby achieving a balance between operational interests and circumstances that may necessitate such leave.
Keeping Pace with Military Developments
The explanatory memorandum noted that Law No. 32 of 1967 concerning the Army was issued nearly six decades ago. During this period, the armed forces have undergone successive organizational, administrative, and operational developments, necessitating a review of certain provisions to align with the requirements of modern military operations.
It pointed out that the amendments grant the military administration greater flexibility in organizing certain executive matters that naturally change as the needs of the armed forces evolve, without affecting the fundamental guarantees established for military personnel.
The memorandum further clarified that, given the issuance of the Amiri Decree dated May 10, 2024, and the fact that Article 4 thereof stipulates that laws shall be issued by decree-laws, this decree-law was prepared to amend certain provisions of Law No. 32 of 1967.
