Construction of International Threat on UN Charter to Prevent an Unjust War

¹ Student of Law Postgraduate Program, Diponegoro University, Semarang, Indonesia
² Lecturer of Law Department, State University of Surabaya, Surabaya, Indonesia
³ Student of Law Department, State University of Surabaya, Surabaya, Indonesia

^* Corresponding author: arief.hakim0893@gmail.com

Abstract

Article 39 on the UN Charter mentioned that Security Council has an authority to determine any threat to the peace, breach of peace or act of aggression and so on. That Article has an implicit purpose that any country which wage a war or support an armed conflict without the SC authorization are considered as breach on other country’s territorial or political integrity as mentioned at Article 2.4. It can be classified as an Unjust War. The Unjust War itself can cause a major impact to destroy another country’s sovereignty and moreover the devastation from war often cannot be approximated. This paper used normative or doctrinal legal research method. Furthermore, it will reconstruct the authority of the UN to reformulate the international threat to prevent future commence of Unjust War with a political law. The main aspects to reconstruct must be linked to whether the removal of veto rights or political mechanism via UN General Assembly. While, the expansion of the authority to propose a sanction in the UN is not only coming from SC initiative only but it can be reconstructed so that the authority via UN GA can make a bigger sovereign and equally legally decision against big countries’ political power.