Article 99 of the UN Charter

December 8, 2023

Recently, UN Secretary-General Guterres addressed the UN Security Council, highlighting the severe risk of a collapse of the humanitarian system in Gaza. He urged the Council to help avert a humanitarian catastrophe and appealed for a humanitarian ceasefire.

What is Article 99 of the UN Charter?

Article 99 of the UN Charter grants the Secretary-General the discretionary power to bring to the attention of the Security Council any matter that may threaten the maintenance of international peace and security. It states, “The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.”

How has Guterres invoked Article 99?

In his letter to the UNSC President, Guterres invoked Article 99, stating that he is bringing to the attention of the Security Council a matter that may aggravate existing threats to international peace and security. He highlighted the appalling human suffering, destruction, and trauma in Israel and the Occupied Palestine Territory, urging the Council to press for a humanitarian ceasefire.

When has Article 99 been invoked in the past?

Article 99 has been rarely invoked in the past. Instances include the upheaval in the Republic of the Congo in 1960 and a complaint by Tunisia in 1961 against France’s military actions. It is a discretionary power requiring the Secretary-General’s political judgment, tact, and integrity.

Could the invocation impact the conflict?

The United Arab Emirates presented a draft resolution to the UNSC based on Guterres’ letter, demanding an immediate humanitarian ceasefire in Gaza. The vote, scheduled for Friday, would require at least nine votes in favor and no vetoes from the five permanent members. However, unanimous support from permanent members, especially the US and Britain, is uncertain due to their expressed support for Israel’s actions since October 7.

« Previous Post Next Post »