What is UN Charter's Article 99 invoked amid Israel's military attacks?

The United Arab Emirates, the Arab representative on the council, posted on X that the country has circulated a short draft resolution acting on Guterres' letter under Article 99

Amid Israel's ongoing military attacks on the Gaza Strip, United Nations Secretary-General Antonio Guterres on Wednesday invoked Article 99 of the UN Charter in a bid to stop the war in Gaza. This is the first time that this provision has been invoked in Guterres' tenure.

Employing the rarely exercised power to warn the United Nations Security Council (UNSC) of an impending humanitarian crisis, Guterres asked its members to demand an immediate ceasefire. In a letter to the Security Council's 15 members, Guterres said that Gaza's humanitarian system was at risk of collapse after two months of war that has led to horrific human suffering,

Posting on X, Guterres attached a copy of a letter addressed to the UN Security Council President, and wrote: "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."

Here are the details on Article 99 and its implications:

What is Article 99?

Article 99 of the UN Charter allows the secretary-general to "bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security."

According to a 1945 report of the Preparatory Commission of the United Nations, "…The responsibility it (Article 99) confers upon the Secretary-General will require the exercise of the highest qualities of political judgment, tact and integrity."

The UN charter is the bedrock treaty of the United Nations, which lays down the structure for its governance.

Guterres said in the letter that the international community has a responsibility to use all its influence to prevent further escalation and end this crisis. Formally, countries are bound by the UN Charter. However, in practice, there is little that member countries can be made to do.

UN spokesman Stephane Dujarric said he expects the secretary-general to address the Security Council on Gaza this week and to press for a humanitarian ceasefire. Dujarric added that invoking Article 99 was "a very dramatic constitutional move by the secretary-general"

"One doesn't invoke this article lightly. I think given the situation on the ground and the risk of complete collapse, not only of our humanitarian operations but of civil order, it's something that he felt needed to be done now."

What happens next?

Reuters reported that diplomats have said the United Arab Emirates (UAE), the Arab representative on the council, will likely put the text to a vote on Friday when the council is due to be briefed by Guterres on Gaza. The resolution needs at least nine votes in favour and no vetoes by the five permanent members in order to get adopted.

The UAE posted on X that the country has circulated a short draft resolution acting on Guterres' letter under Article 99. The resolution demands an immediate humanitarian ceasefire and prevention of further escalation in Gaza.

Earlier, the US had vetoed a resolution in the Security Council On October 18, stating the text did not recognise Israel's right to self-defence after the Palestinian militant group Hamas attacked the country.

(With inputs from agencies)