Rangga Dwi Saputra
Faculty of Law, Universitas Negeri Yogyakarta, Indonesia

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The Board of Peace and the Constitutional Structure of the United Nations: Between Institutional Adaptation and Constitutional Fragmentation Rangga Dwi Saputra
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12749

Abstract

This study analyses the constitutional status of the Board of Peace (BoP) within the organizational structure of the United Nations (UN) as an international organization that carries out peace and security functions outside the framework of the UN Charter. This study employs a normative legal method using statute, conceptual, historical, and comparative approaches through an analysis of the UN Charter, the Charter of the Board of Peace, decisions of the International Court of Justice (ICJ), and legal doctrine. The results of the study indicate that the BoP is not a subsidiary organ of the UN because it derives its authority from its own founding Charter. The legality of the BoP must be assessed based on the constitutional limits of the UN Charter regarding the division and exercise of international peace and security functions. This study concludes that BoP possesses constitutional legitimacy only when it operates as an implementing instrument under the mandate and supervision of the Security Council. Conversely, the autonomous exercise of its authority has the potential to cause constitutional fragmentation within the UN’s collective security system.