• UN Secretary-General Antonio Guterres invoked Article 99 of the UN Charter and called on the Security Council to “press to avert a humanitarian catastrophe” in Gaza and unite in a call for a full humanitarian ceasefire between Israel and Palestinian militants.

• Since the October 7 attacks by Hamas militants in southern Israel and the ongoing bombardment and ground operation by Israeli forces into the Gaza Strip, the UNSC passed one resolution in mid-November, after four failed attempts to find consensus previously, calling for “urgent and extended humanitarian pauses”.

• Following a week-long pause in hostilities during which some of the 240 hostages being held by militants in Gaza were exchanged for Palestinian prisoners, fighting began again on December 1.

• Around 80 per cent of Gazans are displaced, over 1.1 million seeking refuge in UN Palestine refugee agency (UNRWA) shelters.

UN Charter

• The Charter of the United Nations is the founding document of the United Nations. It was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation, and came into force on 24 October 1945.

• The United Nations can take action on a wide variety of issues due to its unique international character and the powers vested in its Charter, which is considered an international treaty. 

• The UN Charter is an instrument of international law, and UN Member States are bound by it. The UN Charter codifies the major principles of international relations, from sovereign equality of States to the prohibition of the use of force in international relations.

• Since the UN’s founding in 1945, the mission and work of the organisation have been guided by the purposes and principles contained in its founding Charter, which has been amended three times in 1963, 1965, and 1973.

• The UN Charter has several provisions that create a framework for mediation and conflict resolution and gives the Secretary-General the option to use his good offices to broker agreements in order to diminish tensions and lead to the steps that could help avoid war.

• The Secretary-General’s role is covered in very broad terms by Articles 98 and 99, while peaceful settlement of disputes are outlined in Chapters VI and VII.

What is Article 99?

• Article 99 is in Chapter XV of the UN Charter. 

• It says that “the Secretary-General may bring to attention of the Security Council any matter which, in his opinion, may threaten the maintenance of international peace and security”.

• Article 99 established definitively that the Secretary-General is not only the chief administrative officer of the organisation, but that he is also entitled to take the political initiative in the maintenance of international peace and security.

• This was the first time Guterres invoked Article 99, since taking office in 2017.

• The use of Article 99 was seen as a dramatic constitutional move that Guterres hoped would put more pressure on the UNSC to demand a ceasefire between the warring parties.

Article 99 has been invoked by the Secretary-General in the Security Council on rare occasions.

These rare occasions include the Korean operation in 1950, the Congo crisis in 1960, the India-Pakistan situation in 1971 and the hostage-taking at the United States embassy in Iran in 1979.

It was first invoked in 1950 when North Korean forces crossed the 38th Parallel and invaded South Korea. The UN condemned the attack and passed United Nations Security Council Resolution (UNSCR) 82, calling for the cessation of hostilities and withdrawal of North Korean forces.

It was invoked during the India-Pakistan war in 1971 that led to the creation of Bangladesh and its separation from Pakistan.

On November 4, 1979, Iranian students in Tehran seized the US Embassy and took 52 Americans hostage. The Iran Hostage Crisis lasted for 444 days and ended minutes after President Jimmy Carter left office in 1981.

In 1989, Article 99 was invoked in relation to the crisis in Lebanon.

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