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.

Potential Impact

• Draft Resolution by UAE: Following Guterres’ letter, the United Arab Emirates submitted a draft resolution to the UNSC demanding an immediate ceasefire.

• Voting Dynamics: For the resolution to pass, it requires at least nine votes in favor and no vetoes from the five permanent members.

• Challenges in Reaching Consensus: The likelihood of unanimous support from permanent members is uncertain, given the US and Britain’s support for Israel’s military actions since October 7.

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.

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.

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”.

• 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.

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.

Conclusion

• Guterres’ appeal underscores the severity of the humanitarian crisis in Gaza.

• The outcome of the UNSC’s actions, influenced by Guterres’ appeal, remains pivotal in addressing the ongoing conflict and humanitarian situation in Gaza.