Guterres Invokes Article 99: What Is Article 99 Of UN Charter & When Was It Invoked In The Past?

The UN Secretary General Guterres, on December 6, 2023, invoked Article 99 of the UN charter for the first time.

This unprecedented move by Guterres to use Article 99 for the first time ever as UN Secretary-General signals the severe nature of the current crisis.

Reuters

What is Article 99 of the UN Charter, and why was it invoked?

What is Article 99 of the UN Charter?

Article 99 of the UN Charter comes under Chapter XV titled 'The Secretariat'.

Article 99 states: "The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security."

Of the five articles in the UN Charter assigning functions to the Secretary-General, Article 99 is the most important in the context of international peace and security.

The article has not been used for decades, UN spokesperson Stephane Dujarric said.

Dag Hammarskj?ld, who served as UN Secretary-General from 1953 to 1961 had underscored that "[it] is Article 99 more than any other which the drafters of the Charter considered to have transformed the Secretary-General from a purely administrative official to one with an explicit political responsibility".

Why was Article 99 of the UN Charter invoked?

"We are facing a severe risk of collapse of the humanitarian system (in Gaza). The situation is fast deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region," Guterres stated in his letter.

Ant¨®nio Guterres, Secretary-General of the United Nations

It is to avoid such a situation of catastrophe that Guterres invoked Article 99.

"Amid constant bombardment by the Israel Defense Forces, and without shelter or the essentials to survive, I expect public order to completely break down soon due to the desperate conditions, rendering even limited humanitarian assistance impossible."

Guterres fears that an even worse situation could unfold, including epidemic diseases and increased pressure for mass displacement into neighbouring countries.

"I reiterate my appeal for a humanitarian ceasefire to be declared. This is urgent. The civilian population must be spared from greater harm. With a humanitarian ceasefire, the means of survival can be restored, and humanitarian assistance can be delivered in a safe and timely manner across the Gaza strip," Guterres adds.

When in the past has Article 99 been invoked?

Article 99 has been invoked directly only three times, the last being 34 years ago, in 1989, by Javier Perez de Cuellar regarding the fighting in Lebanon.

Javier P¨¦rez de Cu¨¦llar, UN Secretary General (1982-1991)

On many occasions, Article 99 has been invoked implicitly, where UN Secretary Generals in the past have used the language of the Article but haven't referred to it specifically.

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