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What is Article 99 of the UN Charter?

Context: United Nations Secretary-General Antonio Guterres has invoked Article 99 of the UN Charter in a bid to establish a ceasefire amid Israel’s ongoing military attacks on the Gaza Strip, particularly in its southern region.

UN invoked Article 99 for the first time in decades as Israel attacks Gaza

  • Secretary General’s Letter to UNSC: He urged the Council to help avert a humanitarian catastrophe & appeal for a humanitarian ceasefire.
UNSC:

  • Permanent Members of the UNSC:The UNSC comprises five permanent members – the United States, the United Kingdom, France, China and Russia – and 10 non-permanent members appointed for specific periods.
  • Rotational Leadership: On a rotational basis, each of these 15 countries holds the presidency for a month. 
  • Current Chair: Ecuador is the President for December 2023.

UN- Secretary General:

  • The United Nations Secretary-General is the chief administrative officer of the organization and plays a vital role in international peace and cooperation. 
  • The current Secretary-General, Mr. António Guterres of Portugal  is the Ninth occupant in the Office.


Must Read:
UNSC Reforms For A New Era; What The World Thinks

About Article 99 of the UN Charter

  • 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.”
  • It is seen as a discretionary power.
  • UNSC Obligation: According to the UN, the President of the Security Council is obliged to call a meeting of the Council if the Secretary-General brings to the attention of the Council any matter under Article 99.

When has Article 99 been invoked in the past?

  • 1960: In the wake of the Congo Crisis, Secretary-General Dag Hammarskjöld invoked Article 99 to address the tumultuous situation following Belgium’s withdrawal and the subsequent internal conflict.1971: During the Bangladesh Liberation War, Secretary-General U Thant invoked it to bring attention to the humanitarian crisis and urge international action.
  • 1979: Responding to the Iranian Revolution and hostage crisis, Secretary-General Kurt Waldheim invoked Article 99 to emphasize the gravity of the situation and the need for peaceful resolution.
  • 1989: In light of the ongoing Lebanese Civil War and the kidnapping of hostages, Secretary-General Javier Pérez de Cuéllar invoked Article 99 to highlight the need for international support and engagement.
How does a Humanitarian ceasefire different from Humanitarian Pause ? 

Humanitarian Pause: The United Nations defines a “humanitarian pause” as a “temporary cessation of hostilities purely for humanitarian purposes”. 

  • Such pauses are usually limited to a defined period, and to a specific area where the humanitarian activities are to be carried out.

Humanitarian Ceasefire:  The UN defines it as a “suspension of fighting agreed upon by the parties to a conflict, typically as part of a political process”, with the goal being to “allow parties to engage in dialogue, including the possibility of reaching a permanent political settlement”.

Could the invocation impact the conflict?

  • The UAE proposed a UN resolution based on this letter, demanding an “immediate humanitarian ceasefire” in Gaza. 
  • To be adopted, a resolution needs at least nine votes in favor and no vetoes by the five permanent members – the United States, Russia, China, France or Britain
  • However, it is unlikely that the vote will see permanent members’ unanimous support. The US and Britain have expressed support for Israel’s military actions since October 7.

Source: Indian Express

 

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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