National Security and Defense

National Security and Defense

National Security and Defense

National Security and Defense

- Constitution of Egypt

Chapter 5: National Security and Defense

Section 1: The National Security Council

Article 193: Composition and mandate

The National Security Council is established. It is presided over by the President ofthe Republic and includes in its membership the Prime Minister, the Speakers of theCouncil of Representatives and the Shura Council, the Minister of Defense, theMinister of Interior, the Minister of Foreign Affairs, the Minister of Finance, theMinister of Justice, the Minister of Health, the Chief of the General IntelligenceServices, and the Heads of the Committees of Defense and National Security in theCouncil of Representatives and the Shura Council.

The Council adopts strategies for establishing security in the country; faces disastersand crises of all kinds and takes necessary measures to contain them; and identifiessources of threat to Egyptian national security, whether at home or abroad, andundertakes necessary actions to address them on the official and popular levels.

The Council invites whoever is seen as being of relevant expertise to attend itsmeetings without having their votes counted.

Other competencies and regulations are defined by law.

Section 2: The Armed Forces

Article 194: Duty of the armed forces

The armed forces belong to the people. Their duty is to protect the country, andpreserve its security and territories. The state is exclusively mandated to establisharmed forces. No individual, entity, organization or group is allowed to create military or para-military structures, groups or organizations.

The armed forces have a Supreme Council as regulated by law.

Article 195: Commander in Chief

The Minister of Defense is the Commander in Chief of the Armed Forces, appointedfrom among its officers.

Article 196: Public mobilization

The law regulates public mobilization and defines the conditions of service,promotion and retirement in the armed forces.

The judicial committees for officers and personnel of the armed forces areexclusively competent for adjudicating in all administrative disputes pertaining todecisions affecting them.

Section 3: The National Defense Council

Article 197: Composition and mandate

A National Defense Council is established, presided over by the President of theRepublic and including in its membership the Speakers of the Parliament and ShuraCouncil, the Prime Minister, the Minister of Defense, the Minister of Foreign Affairs,the Minister of Finance, the Minister of Interior, the Chief of the General IntelligenceService, the Chief of Staff of the armed forces, the Commander of the Navy, the AirForces and Air Defense, the Chief of Operations for the armed forces and the Headof Military Intelligence.

The Council is responsible for matters pertaining to the methods of ensuring thesafety and security of the country, for discussing the armed forces’ budget. Itsopinion must be sought in relation to draft laws on the armed forces.
Its other competencies are defined by law.

The President of the Republic may invite whoever is seen as having relevantexpertise to attend the Council’s meetings without having their votes counted.

Section 4: Military courts

Article 198: Mandate and trial of civilians

The Military Judiciary is an independent judiciary that adjudicates exclusively in allcrimes related to the armed forces, its officers and personnel; in crimes pertaining tomilitary service which occur within military facilities; or crimes relating to armedforces facilities, equipment or secrets.

Civilians cannot stand trial before military courts except for crimes that harm thearmed forces. The law defines such crimes and determines the other competenciesof the Military Judiciary.

Members of the Military Judiciary are autonomous and cannot be dismissed. Theyshare the immunities, securities, rights and duties stipulated for members of otherjudiciaries.

Section 5: The Police

Article 199: Mandate

The police force is a statutory civil body with the President of the Republic as itsSupreme Chief. It performs its duty in the service of the people, its loyalty being tothe Constitution and the law, and its responsibilities to preserve order, publicsecurity and morality, to implement laws and regulations, and to safeguard thepeace, dignity, rights and freedoms of citizens, all as regulated by law and in amanner that enables police personnel to carry out their duties.

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