Amid Israel’s ongoing military attacks on the Gaza Strip, particularly in its southern region, United Nations Secretary-General Antonio Guterres has invoked Article 99 of the UN Charter in a bid to establish a ceasefire.
Key Points
- Guterres mentioned the human suffering, deaths, and destruction in Israel and the Occupied Palestine Territory, emphasizing the need for a humanitarian ceasefire.
- The UNSC is one of the principal organs of the UN.
- It comprises five permanent members – the United States, the United Kingdom, France, China and Russia – 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.
Article 99 of the UN Charter
- The UN Charter is the founding document of the United Nations. Based on the powers conferred through it, the UN can take action on a wide variety of issues.
- The Charter is considered an international treaty, meaning UN Member States are “bound by it”. However, in practice, there is little that member countries can be forced to do.
- 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.
- According to the UN, the President of the Security Council is under the obligation 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 Of The UN Charter Been Invoked In The Past?
- Article 99 of the UN Charter has been invoked infrequently. Historically, it was used in situations such as:
- The upheaval in the Republic of the Congo in 1960 following Belgium’s withdrawal.
- Tunisia’s complaint against France in 1961 over attacks by French naval and air forces.
The UN Security Council (UNSC)
- The Security Council was established by the UN Charter in 1945. It is one of the six principal organs of the United Nations.
- The other 5 organs of the United Nations are—the General Assembly (UNGA), the Trusteeship Council, the Economic and Social Council, the International Court of Justice, and the Secretariat.
- Its primary responsibility is to work to maintain international peace and security.
- The council is headquartered at New York.
UNSC Voting Powers
- Each member of the Security Council has one vote.
- Decisions of the Security Council on matters are made by an affirmative vote of nine members including the concurring votes of the permanent members.
- A “No” vote from one of the five permanent members blocks the passage of the resolution.
- Any member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that member are specially affected.
India In The UNSC
- India took active part in the formulation of the Universal Declaration of Human Rights (UDHR) in 1947-48 and raised its voice passionately against racial discrimination in South Africa.
- India has played its part in formulating decisions on several issues such as admitting former colonies to the UN, addressing deadly conflicts in the Middle East and maintaining peace in Africa.
- It has contributed extensively to the UN, particularly for the maintenance of international peace and security.
- India has taken part in 43 Peacekeeping missions with a total contribution exceeding 160,000 troops and a significant number of police personnel.
- India’s population, territorial size, Gross Domestic Product (GDP), economic potential, civilisational legacy, cultural diversity, political system and past and ongoing contributions to UN activities make India’s demand for a permanent seat in the UNSC completely rational.
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