What is Article 99 of the UN Charter, invoked for the first time in decades as Israel attacks Gaza

In a post on X on Wednesday (December 6), Guterres attached a copy of a letter addressed to the UN Security Council President, and wrote: “Facing a severe risk of collapse of the humanitarian system in Gaza, I urge the Council to help avert a humanitarian catastrophe & appeal for a humanitarian ceasefire to be declared.”

The UNSC is one of the principal organs of the UN. It comprises five permanent members – the United States, the United Kingdom, France, China and Russia – and 10 non-permanent members appointed for specific periods. On a rotational basis, each of these 15 countries holds the presidency for a month. The South American country of Ecuador is the President for December 2023.

What is Article 99 of the UN Charter?

The UN Charter is the founding document of the United Nations. Based on the powers conferred through it, the UN can take action on a wide variety of issues. The Charter is considered an international treaty, meaning UN Member States are “bound by it”. However, in practice, there is little that member countries can be forced to do.

Article 99 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.”

It is seen as a discretionary power. A 1945 report of the Preparatory Commission of the United Nations said of the Article: “…The responsibility it confers upon the Secretary-General will require the exercise of the highest qualities of political judgment, tact and integrity.” According to the UN, the President of the Security Council is under the obligation to call a meeting of the Council if the Secretary-General brings to the attention of the Council any matter under Article 99.

When has Article 99 been invoked in the past?

The provision has been rarely invoked. Past examples include the upheaval in the Republic of the Congo in 1960 following the end of Belgium’s colonial rule and a complaint by Tunisia in 1961 against France’s naval and air forces launching an attack.

UN spokesman Stephane Dujarric said he expects the secretary-general to address the Security Council on Gaza this week and to press for a humanitarian cease-fire. He told reporters earlier that invoking Article 99 was “a very dramatic constitutional move by the secretary-general”.

How has Guterres invoked Article 99?

In his letter to the UNSC President, Guterres wrote, “I am writing under Article 99 of the United Nations Charter to bring to the attention of the Security Council a matter which, in my opinion, may aggravate existing threats to the maintenance of international peace and security.”

He then spoke of the “appalling human suffering, physical destruction and collective trauma across Israel and the Occupied Palestine Territory.” Guterres said that he has repeatedly condemned the October 7 Hamas attacks on Israel that led to the deaths of more than 1,200 people, and called for the release of more than 130 people still held captive.

He added that since the start of Israel’s military operation, more than 15,000 have been killed, with nearly 40 per cent being children. The collapse of the healthcare system, difficulties in extending humanitarian relief, and issues of displacement have been pointed to – as a result of the “constant bombardment by the Israel Defense Forces”.

“Nowhere is safe in Gaza,” he wrote.

Guterres added, “I urge the members of the Security Council to press to avert a humanitarian catastrophe. I reiterate my appeal for a humanitarian ceasefire to be declared. This is urgent. The civilian population must be spared from greater harm. With a humanitarian ceasefire, the means of survival can be restored, and humanitarian assistance can be delivered in a safe and timely manner across the Gaza Strip.”

Could the invocation impact the conflict?

According to Reuters, the United Arab Emirates gave the UNSC a brief draft resolution based on this letter, demanding an “immediate humanitarian ceasefire” in the conflict. “Diplomats said the UAE aims to put the text to a vote on Friday when the council is due to be briefed by Guterres on Gaza. To be adopted, a resolution needs at least nine votes in favor and no vetoes by the five permanent members – the United States, Russia, China, France or Britain,” it said.

However, it is unlikely that the vote will see permanent members’ unanimous support. The US and Britain have expressed support for Israel’s military actions since October 7.