The Crisis In The Middle East

Article 99 of the UN Charter

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 99

Mains level: Read the attached story

Central Idea

  • The UN General Secretary wrote under Article 99 about the escalating threats to peace and security due to the situation in Gaza.
  • He mentioned the human suffering, deaths, and destruction in Israel and the Occupied Palestine Territory, emphasizing the need for a humanitarian ceasefire.

Understanding Article 99

  • Charter as an International Treaty: The UN Charter, the founding document of the United Nations, functions as an international treaty binding member states.
  • Article 99’s Provision: It allows the Secretary-General to bring any matter to the UNSC that may threaten international peace and security.
  • Discretionary Power: This article is seen as a discretionary power, requiring the Secretary-General to exercise political judgment, tact, and integrity.

Historical Invocation of Article 99

  • Rare Usage: Article 99 has been seldom invoked, with notable instances including the Congo upheaval in 1960 and Tunisia’s complaint against France in 1961.
  • Current Context: It is indicated that Guterres’ invocation of Article 99 over Gaza is a significant constitutional move.
  • Details of the Crisis: He mentioned the human suffering, deaths, and destruction in Israel and the Occupied Palestine Territory, emphasizing the need for a humanitarian ceasefire.

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.

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.

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