The Role of International Law in Solving Issues Related to the Disputed Territories in Iraq

Abstract

Disputed territories can be classified into three different types: disputed territories between sovereign states, the sovereign state government and local contenders, and sovereign state components. Although the principles of international law do not exactly mention the matter of "disputed territories", they emphasize that states must solve their conflicts without resorting to violence. The disputed territories discussed in this article are the Kurdistan Regional Government (KRG) and the Federal Government of Iraq. The aim of this paper is to examine the role of international law and national law in resolving issues pertaining to the disputed territories in Iraq. This paper also seeks to discuss the failure of the Iraqi federal government to solve the issues related to the disputed territories and explore the role of international law mechanisms in this regard. This study found that international law does not play an effective role in resolving these issues, and at the same time this, Iraq has not carried out its constitutional and international legal duty adequately. Thus, the study recommends that the United Nations propose for the establishment of an interim administration of joint jurisdiction over these disputed territories between the Federal Government of Iraq and KRG. There is also a need to determine the role of international mechanisms in binding both sides to the international legal solution to implement Article 140 of the constitution of 2005 within specific period.