Article 99 of the UN Charter

Amid Israel’s ongoing military attacks on the Gaza Strip, United Nations (UN) has invoked Article 99 of the UN Charter in a bid to establish a ceasefire.

It has been invoked for the 1^st time in decades as Israel attacks Gaza.
Article 99 - “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 of the Secretary-General.

The United Nations Security Council (UNSC) comprises 5 permanent and 10 non-permanent members appointed for specific periods. On a rotational basis, each of these 15 countries holds the presidency for a month. The South American country of Ecuador is the President for December 2023.

Impact – The President of the UNSC is under the obligation to call a meeting of the Council.
Earlier Invocations
- During the upheaval in the Republic of the Congo in 1960 following the end of Belgium’s colonial rule.
- During a complaint by Tunisia in 1961 against France’s naval and air forces launching an attack.

UN Charter

It is the founding document of the United Nations.
Launched in – June 1945 and came into force on October 1945.
It has been amended 3 times in 1963, 1965, and 1973.
Legality – It is an instrument of international law, and UN Member States are bound by it but in practice, there is little that member countries can be forced to do.
It consists of a preamble and 111 articles grouped into 19 chapters.
The International Court of Justice (ICJ) functions in accordance with the Statute of the International Court of Justice, which is annexed to the UN Charter.

For a UN resolution to be adopted, it needs at least 9 votes in favour and no vetoes by the 5 permanent members (US, UK, France, China and Russia).

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