UN Chief Invokes Rare Article 99 for First Time in Decades Over Gaza Crisis

Article 99 of the UN Charter Invoked for the First Time in Decades

What is Article 99

Article 99 is part of the UN Charter, the founding document of the United Nations that outlines the organization’s powers. Specifically, Article 99 grants the UN Secretary-General the authority to “bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.” This allows the Secretary-General to call emergency meetings of the Security Council to address urgent threats.

Article 99 is considered a “discretionary power” that requires “the highest qualities of political judgment, tact and integrity” from the Secretary-General, according to a 1945 UN report. This explains why Article 99 has been rarely invoked in the UN’s history. It has only been used rarely over the last few decades – in the Congo (1960), East Pakistan (1971), Iran (1979) and Lebanon (1989). So Secretary-General Guterres’ recent invocation regarding the Gaza crisis is the first time Article 99 has been activated in over thirty years.

Past Invocation of Article 99

Article 99 has only been used on few occasions in the UN’s history. The first invocation was related to the crisis in the Congo in 1960 following the end of Belgian colonial rule there. It was next invoked in 1961 for the complaint by Tunisia against French military action.

Article 99 was also triggered in 1971 regarding the situation in East Pakistan and then in 1979 for the US hostage crisis in Iran. Finally, it was last invoked in 1989 during conflict in Lebanon prior to the current Gaza crisis.

So for over three decades, Article 99 laid dormant. The provision was originally intended to serve as an “early warning system” to alert the Security Council to emerging threats and help prevent conflicts from escalating further. However, Article 99 has evidently not been utilized in that preventative manner for quite some time now.

Current Invocation of Article 99

UN Secretary-General Guterres recently invoked Article 99 on December 6th, 2023 due to the ongoing humanitarian crisis in Gaza that has left the area on the “brink of collapse”. This crisis comes amid a conflict between Israeli forces and Palestinian militant group Hamas that has raged since October 2023.

Over the past two months of violence, there have been over 15,000 Palestinians killed, with 40% estimated to be children. Gaza’s healthcare system has completely collapsed under the strain and constant bombardment, leaving hospitals “turned into battlegrounds”.

Moreover, the fighting and destruction has obstructed humanitarian groups’ access to Gazans in desperate need of aid and assistance. With the situation deteriorating, Guterres sent an urgent letter to the UN Security Council warning of a looming “humanitarian catastrophe” and demanding an immediate ceasefire between the warring parties.

By invoking Article 99, Guterres aims to put increased pressure on not just the Security Council but the wider international community to take swift action to halt the calamity unfolding in Gaza. However, whether countries will respond remains to be seen.

Potential Impact and Limitations

Following Guterres’ Article 99 invocation, the United Arab Emirates introduced a UN Security Council resolution demanding an immediate Gaza ceasefire. However, this faces significant obstacles. For any resolution, there can be no vetoes from the 5 permanent members – the US, UK, France, China and Russia.

Unfortunately, the US and UK have already expressed support for Israel’s military actions making it unlikely either would back the resolution. In the past, Article 99 has not reliably brought peace either. The Secretary-General can force a discussion but has no power to make the Security Council act. And the permanent five members can still veto any substantive resolutions.

However, Guterres’ unprecedented move has helped bring immense attention to the dire humanitarian situation unfolding in Gaza. Even if unsuccessful in the Security Council, Article 99 raises urgency around critical global issues. But as for compelling immediate change, Guterres likely faces disappointment once more.

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