Methods of internationalizing disputes arising from the use of international waterways (the case of Iraq with neighboring countries as a model)

The growing global demand for water has led to numerous international disputes over the use of shared watercourses, highlighting the need for legal frameworks to resolve such conflicts. An international legal structure has therefore become essential for addressing disputes over the use of transboundary water resources, allowing affected countries to seek recourse against the arbitrary actions of upstream states and ensuring fair and optimal utilization of these watercourses. International mechanisms, including the United Nations, arbitration courts, and the International Court of Justice, offer avenues for countries to pursue resolutions grounded in principles of goodwill, good neighborliness, and international cooperation in water-sharing matters. This approach has been solidified through international practice, particularly following the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. In cases involving severe harm to civilian populations, such as deprivation of essential water resources, the International Criminal Court may also be engaged if allegations meet the threshold of genocide. This framework is particularly relevant in the case of Iraq and its disputes with neighboring countries Turkey and Iran. We examine the legal arguments that support Iraqs potential recourse to internationalization to address the water-related disputes. By doing so, Iraq could seek an enforceable decision identifying the nature of the dispute, the responsible party, and a fair resolution that considers the interests of all involved.