The UN Secretary-General, Antonio Guterres, has taken the unusual step of invoking Article 99 of the UN Charter, urging the UN Security Council to address the ongoing war in Gaza. This move comes as the Security Council has not yet adopted a resolution calling for a ceasefire between Israel, Hamas, and their allies. Guterres, who has been advocating for an immediate humanitarian ceasefire since October 18, expressed concern about the escalating situation in Israel and the occupied Palestinian territories.
In his letter to the council's president, Guterres emphasized that the situation could exacerbate existing threats to international peace and security. He highlighted the severe human suffering, physical destruction, and collective trauma in both Israel and the occupied Palestinian territories. Responding to Guterres's letter, the United Arab Emirates, a Security Council member, announced the submission of a new draft resolution calling for an urgent adoption of a humanitarian ceasefire resolution.
If the Security Council decides to act on Guterres's advice and adopt a ceasefire resolution, it possesses additional powers to ensure implementation, such as imposing sanctions or authorizing the deployment of an international force. However, the veto power held by the council's five permanent members—China, Russia, the US, the UK, and France—could influence the outcome. The US exercised its veto on October 18 against a resolution condemning Hamas's attack on Israel and calling for a pause in the fighting for humanitarian assistance to reach Gaza.
Guterres expressed growing concern about the Security Council's inaction and the deteriorating situation in Gaza, prompting him to invoke Article 99 for the first time since assuming the role of UN Secretary-General in 2017. He warned of the potential breakdown of public order in Gaza and a complete collapse of the humanitarian system, describing the situation as rapidly heading towards a catastrophe with irreversible implications for Palestinians and regional peace and security.
However, Israel's ambassador to the UN, Gilad Erdan, criticized Guterres's invocation of Article 99, viewing it as evidence of moral distortion and bias against Israel. Erdan accused the secretary-general of effectively supporting Hamas's "reign of terror" in Gaza and reiterated his call for Guterres to resign. While Article 99 grants the secretary-general the power to bring matters threatening international peace and security to the Security Council's attention, its use is infrequent, with the last instance dating back to 1989. Despite its symbolic resonance, experts believe it may not fundamentally alter the political calculations of the Security Council's powerful members.
I've just invoked Art.99 of the UN Charter - for the 1st time in my tenure as Secretary-General.
— António Guterres (@antonioguterres) December 6, 2023
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. pic.twitter.com/pA0eRXZnFJ
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