Law No. (38) of 1974 on using the armed forces to maintain domestic security

Law No. (38) of 1974 AD

on using the armed forces to maintain domestic security

In the name of the People,

The Revolutionary Command Council,

Upon review of:

• The Constitutional Declaration;
• Law No. (52) of 1956 AD on using the army to maintain domestic security;
• Based on the submission of the Prime Minister and the agreement of this Council;

has issued the following Law:

Article (1)

The armed forces may be used to maintain domestic security if the public safety of the Republic or any portion thereof requires such and the competent bodies are unable to maintain security. The use of the armed forces shall be under a decree from the Revolutionary Command Council.

These forces may be used at the request of the Prime Minister in serious situations that cannot be delayed, provided a report is immediately submitted to the Revolutionary Command Council setting out the measures undertaken and the reasons justifying such.

Article (2)

If, in accordance with this Law, the armed forces assume maintenance of security, responsibility therefor shall be transferred thereto. In this case, the police forces shall be subject to the authority of the responsible commander of the armed forces and shall provide the assistance requested thereof.

Article (3)

Upon assuming responsibility for maintaining security in any area, the military commander must adopt the measures they deem necessary to restore order. Military commanders may not issue an order to open fire, except in the following circumstances:

1. If members of the forces are attacked.
2. If the rebels fail to return to order after being warned and given a deadline.
3. If the rebels engage in armed assault of persons or property.

Article (4)

Armed forces units shall withdraw after restoring security and responsibility for maintaining security shall revert to the competent bodies. A report shall be drawn up recording the measures undertaken and signed by the military commander, the police director in the area, the head of people’s committee, and the secretary of the Arab Socialist Union Unit in the area.

The military commander shall file a copy of the report with the Office of the Chief of the General Staff of the Armed Forces and a copy thereof shall be forwarded to the competent security directorate to be referred to the Minister of Interior.

Article (5)

This Law shall be published in the Official Gazette and shall enter into force on the date of its publication.

The Revolutionary Command Council – Libya

Major Abdessalam Ahmed Jalloud

Prime Minister

Issued on 22 Rabi’ al-Akher 1394 AH

Corresponding to 14 May 1973 AD