PENYELESAIAN SENGKETA CANDI PREAH VIHEAR ANTARA THAILAND DAN KAMBOJA DALAM KERANGKA HUKUM INTERNASIONAL

Abstract

ABSTRACT

Normatively, the settlement of international disputes must be carried out through peaceful means as affirmed in Article 2 paragraph (3) and Article 33 of the Charter of the United Nations, and reinforced by the principles of non-use of force and respect for state sovereignty. In the Southeast Asian context, the 2008 ASEAN Charter and the 1976 Treaty of Amity and Cooperation also mandate that disputes among member states be resolved through dialogue, negotiation, mediation, or other peaceful mechanisms in order to maintain regional stability. However, the border dispute between Thailand and Cambodia concerning the Preah Vihear Temple demonstrates that the 1962 Judgment and the 2013 interpretative decision of the International Court of Justice have not entirely eliminated political and military tensions on the ground. This research employs a normative juridical method using secondary data sources consisting of primary legal materials, including the UN Charter, the ASEAN Charter, the 1976 Treaty of Amity and Cooperation, the 1962 and 2013 judgments of the International Court of Justice, as well as the 1904 and 1907 Franco–Siam Treaties. Secondary legal materials were obtained from books, academic journals, and official documents of ASEAN and the United Nations. Data were collected through library research and analyzed qualitatively using a descriptive-analytical approach. The findings indicate that, under international law, the settlement of the Preah Vihear dispute has fulfilled the principle of peaceful dispute resolution through the judicial mechanism of the ICJ. Nevertheless, its implementation requires the support of ASEAN’s regional mechanisms as instruments of preventive diplomacy and conflict management. Synergy between international legal certainty and ASEAN’s consensus-based approach is essential to achieving sustainable and just regional peace and stability.