Law No. (41) of 1974 on military academies

Law No. (41) of 1974

on military academies

In the name of the people

The Revolutionary Command Council
:

Upon review of:

• The Constitutional Declaration;
• Law No. (37) of 1974 on the Military Penal Code;
• Law No. (39) of 1974 on the Code of Military Procedure;
• Law No. (40) of 1974 on service in Armed Forces;
• The Military Academy Law issued on 24 Dhu al-Qaada 1376 AH, corresponding to 22 June 1957 AD, and the laws amending it;
• And based on the proposal of the Prime Minister and the approval of the Cabinet.

issued the following law:

Article (1)

The provisions of the attached law on military academies shall enter into force and the Military Academy Law referenced above shall be repealed.

Any provision contrary to the provisions of the attached law shall also be repealed.

Article (2)

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

The Revolutionary Command Council

Major Abdessalam Ahmad Jalloud

Prime Minister

Issued on 30 Jumada al-Awwal 1394 AH

Corresponding to 20 June 1974 AD

Chapter (1)

Formation of the Academies

Article (1)

Military academies subordinate to the Chief of the General Staff of the Armed Forces in the Arab Republic of Libya shall be established. These academies shall aim to prepare and graduate officers for the Armed Forces in its various branches and who possess technical, practical, scientific, and military competence.

Chapter (2)

Administration of the Academies

Article (2)

Each of the military academies shall be organised and administered by:

1. A Supreme Council.
2. The Academy Council.
3. The Academy commandant.

Supreme Council

Article (3)

The Supreme Council in each academy shall be formed as follows:

1. The commander of the force concerned or an officer appointed by the Chief of General Staff as chairman.
2. Chief of the Operations and Training Committee.
3. Chief of the Organisation and Management Committee.
4. Chief of the Logistics Committee.
5. Academy commandant.
6. Most senior teacher.

One or more new members may be added to the council.

The most senior teacher at the academy shall be the secretary of the council.

The council shall convene at the invitation of its chairman at least once throughout the academic year. The meetings of the Council shall not be valid unless at least two thirds of its members are present.

The Council may invite to attend its meetings those whose knowledge or expertise it wishes to use to discuss matters within its competence, provided they do not cast a counting vote in deliberations.

The deliberations of the Council shall be confidential and its decisions shall be issued by the majority of those present. In the event of a tie, the side with which the chairman voted shall prevail.

The secretary of the Council shall record the minutes of the meetings in a register on which the chairman and members present shall sign. The academy commandant shall notify the Chief of the General Staff of the minutes of the meetings.

Article (4)

The Supreme Council shall be responsible for the following matters:

1. Propose any amendment to the Statute of the Academy.
2. Approve the draft bylaws or any proposal to amend them.
3. Propose the size of the cohorts admitted in the Academy.
4. Determine the general level of the Academy graduates in each discipline.
5. Determine the courses taught at the Academy, the hours and grades assigned to each course, and the topics that shall be studied in each course.
6. Express an opinion on matters referred to it.

Article (5)

With the exception of matters that require the issuance of a law or decree by the Revolutionary Command Council or the General Commander of the Armed Forces, the Supreme Council’s decisions shall enter in force once ratified by the Chief of General Staff.

Academy Council

Article (6)

The Academy Council shall be formed as following:

1. The Academy commandant as chairman.
2. Most senior teacher as member.
3. Most senior detachment of students as members.

The commander of the aforementioned detachment shall be the secretary of the council. The council shall convene upon invitation from its chairman whenever necessary. It may invite to attend its meetings those whose knowledge or expertise it wishes to use, provided they do not cast a counting vote in deliberations.

The meetings of the Council shall not be valid unless all its members are present. The deliberations of the Council shall be confidential and its decisions shall be issued by the majority of those present.

The secretary of the Council shall record the minutes of the meetings in a register on which the chairman and members present shall sign. The Council’s decisions shall enter into force once they are signed.

Article (7)

The Academy Council shall be responsible for the following issues:

1. Draft the Academy bylaws and propose any amendment thereto.
2. Manage education and examination processes and the workflow in the Academy in accordance with regulations.
3. Draft the curriculum in the Academy, develop general programs, and distribute working hours in accordance with the policy set by the Supreme Council.
4. Nominate, appoint, second, and delegate faculty members and other military personnel and civilians in accordance with the applicable provisions.
5. Select the required number of students who meet the prescribed conditions, in the event the Academy decides alone on the cohort to be admitted.
6. Approve additional grades awarded to outstanding students in various activities at the proposal of the most senior teacher.
7. Present all proposals that do not fall within its competence to the Supreme Council so as to improve and raise the level of students.

Academy Commandant

Article (8)

The Academy commandant shall be primary official responsible for all its affairs in administrative, educational, and disciplinary aspects. He shall be responsible for the implementation of the decisions of the Academy Council and may prepare the orders and instructions he sees fit so as to ensure proper workflow, in a way that is not contrary to military systems in force in the Armed Forces.

Most Senior Teacher

Article (9)

The most senior teacher in the academy shall be the most senior officer in the academy after its commandant and shall be the latter’s deputy in his absence. He shall be the primary official responsible for managing education and training matters at the academy in all respects.

Article (10)

The determination of the Academy’s internal organization or any amendment thereto shall be by virtue of a decree by the Chief of the General Staff.

Chapter (3)

Admission Requirements

Article (11)

The student who is admitted in a military academy shall meet the following conditions:

1. He must hold Libyan nationality. Upon the approval of the Commander in Chief of the Armed Forces, non-Libyan Arabs and Muslims may be admitted.
2. He must not be less of 17 years and not more than 25 years of age.
3. He must be commendable and of a good reputation. He must not have been previously convicted of a felony or misdemeanour involving moral turpitude, unless he has been rehabilitated in either case.
4. He must not have been dismissed from public service by a disciplinary decision that was issued less than five years earlier.
5. He must be physically fit as per the rules and conditions set forth by the bylaws of the Academy.
6. He must hold the educational qualification set forth by the bylaws of the Academy.
7. He must not be married to a foreigner.
8. He must be from the popular forces that benefited from the 1 September Revolution.
9. He must meet any other conditions set forth by the bylaws of the Academy.

Article (12)

Holders of graduate and undergraduate degrees may be admitted as students in military academies as per the rules and conditions set forth in a decree by the General Commander of the Armed Forces.

Chapter (4)

Studies at the Academy

Article (13)

With the exception cases where the Academy decides alone on the cohort to be admitted, the necessary conditions shall be announced and it shall be verified that they are met. The admission examination shall be held for students requesting admission in accordance with the prescribed levels and the required number shall be selected from among them according to the preference conditions set forth by the Supreme Council of each Academy. This shall be done by a Coordinating Bureau formed by virtue of a decree issued by the Chief of the General Staff.

Article (14)

Studies in each Academy shall include military, scientific, technical, administrative, disciplinary, social, and cultural courses that ensure the graduation of officers able to work competently in their specialties.

Article (15)

The director of the Academy shall approve the exam results to pass from one academic year to the next, whereas the results of the final exam shall be approved by the Supreme Council and ratified by the Chief of the General Staff.

Chapter (5)

Expenses and Stipends

Article (16)

The State shall cover the education, training, food, clothing, treatment, housing, and transportation expenses of students.

Article (17)

The student may be granted a monthly stipend that shall be determined by a decree from the Chief of the General Staff of the Armed Forces.

Chapter (6)

Crimes and Penalties

Article (18)

The following shall be considered disciplinary offences:

1. Any breach of the Academy system, violation of its orders, and any failure to perform or attend studies, training, exercise, or tasks assigned to students without any acceptable excuse.
2. Cheating in an exam, attempted cheating, or helping others cheat.
3. Other acts determined by the director of the Academy by virtue of a decision therefrom.

Article (19)

The penalties that may be imposed on the student shall be:

1. Warning: Drawing the student’s attention so he does not repeat a minor offense he committed.
2. Rebuke: Drawing the student’s attention with stern reprimand in the event he commits an offense for which he was already warned or in the event he commits a mistake that requires a penalty stricter than warning.
3. Additional Roll-Call: It means that students penalised with such penalty shall meet to check their presence within the Academy, and the meetings shall be at times and places designated by the commanding officer for disciplinary purposes.
4. Further Education: It means that students shall carry out the military education set forth in the curriculum with his military equipment for a period determined by the commanding officer for disciplinary purposes, provided it is not less than ten minutes and not more than one hour per day. This period shall be during the ordinary rest times of students.
5. Deprivation from Weekends: It means that the student shall be deprived from leaving the Academy on Thursdays and Fridays. He shall continue to wear his military attire within the Academy and be at the place designated by the commanding officer for disciplinary purposes when the trumpet for guilty students is sounded. They shall also study on Thursdays evening at the time allotted to this purpose.

When the offenses set forth in these laws are committed, imposing the aforementioned penalties shall be without any prejudice to any other penalty provided for by military laws.

Article (20)

The following points shall be deducted from the grades of the disciplinarily penalised student:

Sanction	Grades
Warning	Two points for every time
Rebuke	Three points for every time
Additional Counting	Four points for every time
Further Education	Five points for every hour or part of an hour
Deprivation from Weekends	Six points for every vacation day

In the event the student commits the offense in the last month of the final academic year, these points shall be doubled. Discipline grades shall be set at 300 points. In the event the student loses 150 points of them within the year, he shall be considered to have failed his class. In the event he loses 200 points or more, he shall be dismissed from the Academy.

Article (21)

The Academy commandant shall have the authority to impose the following penalties:

1. Warning.
2. Rebuke.
3. Additional roll-call, for a maximum of four days.
4. Further education, for a maximum of four hours.
5. Deprivation from weekends for a maximum of four weeks.

Article (22)

The commander of the detachment shall have the authority to impose the following penalties:

1. Warning.
2. Rebuke.
3. Additional roll-call, for a maximum of two days.
4. Further education, for a maximum of two hours.
5. Deprivation from weekends for one week.

Article (23)

The commander of the platoon shall have the authority to impose the following penalties:

1. Warning.
2. Rebuke.
3. Additional roll-call, for a maximum of one day.
4. Further education, for a maximum of one hour.

Article (24)

The commander of the detachment and the commander of the platoon may not impose on students any sanctions that would lower discipline grades by more than 100 points for the former and 50 points for the latter in one academic year.

Chapter (7)

Expulsion from the Academy

Article (25)

The following shall be dismissed from the Academy:

1. Any student who no longer meets one of the admission conditions.
2. Any student sentenced to a custodial penalty for more than fifteen days by a final judicial ruling or sentenced for a crime involving moral turpitude.
3. Any student who fails two successive times in one academic year or more than two years throughout his study period. Not taking the examinations for reasons approved by the Academy Council shall not be counted as an occasion of failure.

Any student who performs unsatisfactory acts may be dismissed at the proposal of the Academy commandant.

Article (26)

The decisions of the Academy Council shall only be valid once ratified by the Chief of the General Staff.

Article (27)

Students may leave their studies in the Academy at any time, provided they pay all the expenses incurred by them during their enrolment at the Academy, including the stipends and allocations they obtained. The decision to leave studies shall be approved by virtue of a decree by the Chief of the General Staff.

Article (28)

In the event the student leaves his studies in the Academy or it is decided to expel him, with the exception of health reasons, and he is unable to pay the amounts set forth in the preceding two articles, he shall serve for two years in the Armed Forces in the rank of sergeant if he is in the first grade, as staff sergeant of a platoon if he is in the second grade, and as a staff sergeant of a force if he is in the third grade.

Chapter (8)

Graduation and Appointment

Article (29)

The General Commander of the Armed Forces shall grant a bachelor’s degree in military science according to the different specialisations of Academy graduates.

Students admitted to the Academy in accordance with the provisions of Article (12) of this law, and for whom special military studies are arranged, shall be granted a special certificate of completion of studies.

Article (30)

Graduates who hold the Libyan nationality shall be appointed as officers in the Armed Forces as per the provisions of the law on the service of military personnel in the Armed Forces.

Chapter (9)

Final Provisions

Article (31)

Students who are injured or die because of training or because of hostilities shall be treated like officers of the Armed Forces in terms of treatment or other financial rights, and entitlements shall be calculated on the basis of the first salary he would receive upon graduating from the Academy.

Article (32)

Every Academy shall have bylaws issued by a decree from the General Commander of the Armed Forces based on the proposal of the Academy Council and the approval of the Supreme Council. The regulations shall specifically include the following:

1. The organization of the faculty.
2. The system of studies and exams.
3. Financial provisions.
4. Any supplementary conditions to admit students.
5. Matters related to administration and education.
6. Templates of the diplomas awarded by the Academy.