Jurnal Ilmiah Penegakan Hukum
Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI

HAM Sebagai Superior Norms Dalam Pembatasan Hak Veto Anggota Tetap Dewan Keamanan PBB

Freidelino P.R.A. de Sousa (Universitas Kristen Satya Wacana)
Rima Saputri (Universitas Kristen Satya Wacana)



Article Info

Publish Date
08 Jun 2026

Abstract

This study aims to provide a normative justification for limiting the use of the veto power by the permanent members of the United Nations Security Council based on human rights as superior norms in international law. The veto power, as enshrined in Article 27(3) of the UN Charter, grants privileged authority to The Five permanent members to block draft Security Council resolutions. In practice, this power has been exercised to reject resolutions that even seek to address the protection of human rights. The absence of clear normative constraints on the exercise of the veto has consequently generated fundamental legal tensions when such authority conflicts with the protection of human rights. Accordingly, this study advances the argument that human rights norms, as hierarchically superior norms within international law, must operate as a normative basis for restricting the legitimacy of veto usage in the practice of the Security Council. This research adopts a normative legal methodology employing a conceptual approach, examining the relevant legal concepts of human rights and veto power within the framework of international law.

Copyrights © 2026






Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...