- Under Article 99, the UN General Secretary wrote about the rising dangers to peace and security posed by the situation in Gaza.
- He emphasised the necessity for a humanitarian ceasefire by mentioning human suffering, fatalities, and devastation in Israel and the Occupied Palestinian Territory.
Understanding the UN Charter as an International
- Treaty: The United Nations Charter, the foundation instrument of the organisation, serves as an international treaty binding member nations.
- The provision in Article 99 permits the Secretary-General to submit any topic to the UN Security Council that may jeopardise international peace and security.
- Discretionary authority: This is a discretionary authority that requires the Secretary-General to use political judgement, tact, and honesty.
Invocation of Article 99 in the Past
- Article 99 has only been used a few times, with prominent examples being the Congo uprising in 1960 and Tunisia’s protest against France in 1961.
- Current Context: It has been suggested that Guterres’ use of Article 99 in relation to Gaza is an important constitutional step.
- The Crisis in Detail: He emphasised the necessity for a humanitarian ceasefire by mentioning human suffering, fatalities, and devastation in Israel and the Occupied Palestinian Territory.
Impact Possibility
- Following Guterres’ letter, the UAE filed a draft resolution to the UN Security Council requesting an immediate ceasefire.
- Voting Dynamics: The resolution must have at least nine votes in favour and no vetoes from the five permanent members in order to succeed.
- Consensus Challenges: Given the US and UK’s backing for Israel’s military activities since October 7, the probability of universal support among permanent members is doubtful.
Source: https://www.aljazeera.com/news/2023/12/7/un-secretary-general-invokes-article-99-on-gaza#:~:text=Article%2099%20is%20a%20special,are%20not%20yet%20on%20the