UN chief invokes rare UN Charter Article amidst Gaza crisis

New Delhi: UN Secretary-General António Guterres has invoked Article 99 of the UN Charter, marking the first time in his tenure, to address the escalating humanitarian crisis in Gaza

I've just invoked Art.99 of the UN Charter - for the 1st time in my tenure as Secretary-General.



Facing a severe risk of collapse of the humanitarian system in Gaza, I urge the Council to help avert a humanitarian catastrophe & appeal for a humanitarian ceasefire to be declared. pic.twitter.com/pA0eRXZnFJ

— António Guterres (@antonioguterres) December 6, 2023

The Secretary-General took to X to announce his decision, stating, “I've just invoked Art.99 of the UN Charter - for the 1st time in my tenure as Secretary-General. Facing a severe risk of collapse of the humanitarian system in Gaza, I urge the Council to help avert a humanitarian catastrophe & appeal for a humanitarian ceasefire to be declared.”

The letter was sent to the President of the Security Council in New York late on Wednesday morning. Since the 7 October terror attacks by Hamas militants in southern Israel and the ongoing bombardment and ground operation by Israeli forces into the Gaza Strip, the Security Council passed one resolution in mid-November, after four failed attempts to find consensus previously, calling for “urgent and extended humanitarian pauses”.

Following a week-long pause in hostilities during which some of the 240 hostages being held by militants in Gaza were exchanged for Palestinian prisoners, fighting began again on 1 December, leading the Secretary-General to register his deep regret.  register his deep regret.

This rare invocation, contained in Chapter XV of the UN Charter, allows the UN chief to bring attention to any matter threatening international peace and security. The urgency of the situation prompted Guterres to take this "dramatic constitutional move."

UN Spokesperson Stéphane Dujarric described the move as the "most important invocation" by the Secretary-General, emphasizing its potential to pressure the Security Council and the international community to demand a ceasefire between Israel and Palestinian militants.

In a letter to the Security Council President, Guterres underscored the severe toll of the conflict, expressing deep regret over the resumption of hostilities on December 1. The letter highlighted the "appalling human suffering, physical destruction, and collective trauma" across Israel and the Occupied Palestinian Territory.

Guterres pointed to over 1,200 individuals killed by militants on October 7, including 33 children, and the continued captivity of 130 people. Hospitals have become "battlegrounds," with civilians facing grave danger, and over 15,000 reported casualties, 40% of whom are children. Approximately 80% of Gazans are displaced, seeking refuge in UN Palestine refugee agency (UNRWA) shelters.

The Secretary-General emphasized the breakdown of public order, stating, "without shelter or the essentials to survive, I expect public order to completely break down soon." He raised concerns about the inability to scale up humanitarian supplies in line with the November 15 Council Resolution 2712, warning of a "severe risk of collapse of the humanitarian system" with irreversible implications for Palestinians and regional peace and security.

Guterres concluded his letter with an urgent appeal for a humanitarian ceasefire, stressing that the civilian population must be spared from further harm. He highlighted the potential for hope and delivery of humanitarian assistance with a ceasefire in place.

As the international community awaits the Security Council's response, the invocation of Article 99 underscores the gravity of the situation and the Secretary-General's call for swift and decisive action to avert a humanitarian catastrophe in Gaza.