Central Idea
- The UN General Secretary wrote under Article 99 about the escalating threats to peace and security due to the situation in Gaza.
- He mentioned the human suffering, deaths, and destruction in Israel and the Occupied Palestine Territory, emphasizing the need for a humanitarian ceasefire.
Understanding Article 99
- Charter as an International Treaty: The UN Charter, the founding document of the United Nations, functions as an international treaty binding member states.
- Article 99’s Provision: It allows the Secretary-General to bring any matter to the UNSC that may threaten international peace and security.
- Discretionary Power: This article is seen as a discretionary power, requiring the Secretary-General to exercise political judgment, tact, and integrity.
Historical Invocation of Article 99
- Rare Usage: Article 99 has been seldom invoked, with notable instances including the Congo upheaval in 1960 and Tunisia’s complaint against France in 1961.
- Current Context: It is indicated that Guterres’ invocation of Article 99 over Gaza is a significant constitutional move.
- Details of the Crisis: He mentioned the human suffering, deaths, and destruction in Israel and the Occupied Palestine Territory, emphasizing the need for a humanitarian ceasefire.
Potential Impact
- Draft Resolution by UAE: Following Guterres’ letter, the United Arab Emirates submitted a draft resolution to the UNSC demanding an immediate ceasefire.
- Voting Dynamics: For the resolution to pass, it requires at least nine votes in favor and no vetoes from the five permanent members.
- Challenges in Reaching Consensus: The likelihood of unanimous support from permanent members is uncertain, given the US and Britain’s support for Israel’s military actions since October 7.
Conclusion
- Guterres’ appeal underscores the severity of the humanitarian crisis in Gaza.
- The outcome of the UNSC’s actions, influenced by Guterres’ appeal, remains pivotal in addressing the ongoing conflict and humanitarian situation in Gaza.
