UN Secretary-General Activates Article 99 for Urgent Action in Gaza

United Nations Secretary-General Antonio Guterres has activated Article 99 of the UN Charter, calling on the UN Security Council to address the ongoing conflict in Gaza. This significant move, rare and used for the first time since the 1960s, comes as the Security Council has yet to adopt a resolution for a ceasefire between Israel, Hamas, and their allies.

I've just invoked Art.99 of the UN Charter - for the 1st time in my tenure as Secretary-General.

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

— António Guterres (@antonioguterres) December 6, 2023

What is Article 99 of the UN Charter?

Article 99 grants the secretary-general the unique authority to draw the attention of the Security Council to matters that, in their opinion, may threaten international peace and security. Guterres, in his letter to the council president, invoked this authority, expressing concern that the situation in Israel and the occupied Palestinian territories could escalate existing threats to global peace and security.

Humanitarian Crisis Sparks Urgency

Guterres, advocating for an "immediate humanitarian ceasefire" since October 18, highlighted the severe human suffering, physical destruction, and collective trauma across Israel and the occupied Palestinian territories. The invocation of Article 99 is a powerful tool allowing the secretary-general to address emerging threats independently.

‘We Cannot Wait’

In response to Guterres's plea, the United Arab Emirates, a member of the Security Council, announced on X that it had submitted a new draft resolution urgently calling for a humanitarian ceasefire. The UAE emphasized the catastrophic situation in Gaza, stating that waiting is not an option.

The UAE calls for a humanitarian ceasefire resolution to be adopted urgently and has just submitted a draft to the UNSC.

The situation in the Gaza Strip is catastrophic and close to irreversible. We cannot wait. The Council needs to act decisively to demand a humanitarian… https://t.co/mDr4c2F2FP

— UAE Mission to the UN (@UAEMissionToUN) December 6, 2023

Potential Council Action

If the Security Council decides to act on Guterres's advice and adopts a ceasefire resolution, it holds additional powers to enforce the resolution, such as imposing sanctions or authorizing the deployment of an international force. However, the veto power of the council's five permanent members such as China, Russia, the US, the UK, and France, remains a critical factor in determining the outcome.

Controversial Reception and Call for Resignation

Guterres's invocation of Article 99 was met with criticism from Israel's ambassador to the UN, Gilad Erdan, who labeled it as Guterres’ evidence of moral distortion and bias against Israel. Erdan, in a post on X, accused the secretary-general of endorsing Hamas's actions and reiterated his call for Guterres to resign, emphasizing the limited powers provided to the UN secretary-general by the UN Charter.

Today, the Secretary-General has reached a new moral low. He writes that he is activating, for the first time, Article 99 of the UN Charter in relation to the Israel-Hamas war, an article that can only be invoked in a situation where international peace and security are… pic.twitter.com/rQm18aT1vq

— Ambassador Gilad Erdan גלעד ארדן (@giladerdan1) December 6, 2023

The war between Israel and Hamas has persisted for two months since Hamas initiated a surprise assault into southern Israel on October 7. This has resulted in the deaths of more than 15,900 Palestinians, including hundreds of civilians and health workers.