UN chief Antonio Guterres invokes UN Charter article to appeal for humanitarian ceasefire in Gaza

UN chief Antonio Guterres has invoked a rarely-used article in the United Nations Charter to appeal to the Security Council for a humanitarian ceasefire in the Israel-Hamas conflict and to avert a “humanitarian catastrophe”, which he said has “potentially irreversible implications” for Palestinians and peace in the region.

Secretary-General Guterres issued a letter on Wednesday to the President of the Security Council for the month of December, Ambassador Jose Javier De La Gasca Lopez Dominguez, the Permanent Representative of Ecuador to the UN, writing under Article 99 of the UN Charter.

Article 99 was last specifically mentioned in a report on December 3, 1971, by then Secretary-General U Thant on the situation in East Pakistan, now Bangladesh.

India had emerged victorious against Pakistan in the 1971 war, which led to the creation of Bangladesh.

This is the first time that Guterres has invoked Article 99 of the Charter since he became UN Secretary-General in 2017.

Article 99 states that 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.

In the letter, Guterres said that more than eight weeks of hostilities in Gaza and Israel have created appalling human suffering, physical destruction, and collective trauma across Israel and the Occupied Palestinian Territory.

Guterres urged members of the Security Council to press to avert a humanitarian catastrophe and appealed for a humanitarian ceasefire to be declared.

“We are facing a severe risk of collapse of the humanitarian system. The situation is fast deteriorating into a catastrophe with potentially irreversible implications for Palestinians as a whole and for peace and security in the region. Such an outcome must be avoided at all costs,” Guterres said.

Underlining that the international community has a responsibility to use all its influence to prevent further escalation and end this crisis, Guterres urged members of the Security Council to press to avert a humanitarian catastrophe.

“I reiterate my appeal for a humanitarian ceasefire to be declared. This is urgent. The civilian population must be spared from greater harm,” he said, voicing deep concern that “nowhere is safe in Gaza.”

The UN chief noted that with a humanitarian ceasefire, the means of survival can be restored and humanitarian assistance can be delivered in a safe and timely manner across the Gaza Strip.

Stephane Dujarric, Spokesperson for Guterres, said the UN Chief’s invocation of Article 99 is a “very dramatic move” within the constitutional context of the United Nations.