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General Studies 2 >> International Organisations

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ARTICLE 99 OF THE UN CHARTER 

ARTICLE 99 OF THE UN CHARTER 

 
 

1. Context

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.
 

2. What is the UNSC and who are its members?

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations and is charged with ensuring international peace and security. It has the primary responsibility for the maintenance of international peace and security and can take a wide range of actions to achieve this, including:

  • Investigating any dispute or situation which might lead to international friction or give rise to a dispute;
  • Recommending methods or procedures of adjustment of such a dispute or situation;
  • Formulating plans for the establishment of a system for the regulation of armaments;
  • Taking military action to maintain or restore international peace and security;
  • Recommending the admission of new UN members to the General Assembly;
  • Approving any changes to the UN Charter.

The UNSC is composed of 15 Members:

Five permanent members are China, France, the Russian Federation, the United Kingdom
and United States. 
Ten non-permanent members were elected for two-year terms by the General Assembly. Five non-permanent members are elected each year. Currently, Albania, Brazil, Ecuador, Gabon, Ghana, Japan, Malta, Mozambique, UAE and Switzerland are non-permanent members

The permanent members have veto power, which means that they can prevent the adoption of any substantive resolution by the Council.

 

3. When has Article 99 been invoked in the past?

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." While it has been used implicitly on numerous occasions, there have been three formally documented instances of its invocation:

  • 1960: Dag Hammarskjöld, the UN Secretary-General at the time, invoked Article 99 in response to the crisis in the Republic of the Congo following its independence from Belgium.
  • 1979: Kurt Waldheim, the UN Secretary-General, invoked Article 99 in response to the Iranian hostage crisis, where American diplomats were held captive in the US Embassy in Tehran.
  • 1989: Javier Pérez de Cuéllar, the UN Secretary-General, invoked Article 99 in response to the ongoing civil war and conflict in Lebanon.

There are also several cases where Article 99 was arguably used implicitly, though not explicitly referenced:

  • 1961: Tunisia invoked Article 52 of the UN Charter, prompting the Secretary-General to bring the issue of French military action against Tunisia to the Security Council.
  • 1971: The Secretary-General reported on the situation in East Pakistan (present-day Bangladesh), highlighting the potential threat to international peace and security.

It's important to note that the effectiveness of invoking Article 99 depends largely on the political climate and the willingness of the Security Council to take action. While it can serve as a tool for raising awareness and prompting discussion, it doesn't guarantee a resolution to the conflict.

 

4. Article 9 of the UN Charter

Article 9 outlines the composition and basic functions of the General Assembly, the main deliberative organ of the United Nations.

Composition

  • The General Assembly consists of all the Members of the United Nations. This means every country that is a member of the UN has a seat and a voice in the General Assembly.
  • Each Member has not more than five representatives in the General Assembly. This means that a country can delegate up to five people to represent them in the Assembly, but they all share one vote.

Functions

  • The General Assembly has the power to discuss any matters within the scope of the UN Charter or relating to the powers and functions of any organs provided for in the Charter. This gives the Assembly a broad mandate to address a wide range of issues, including international peace and security, human rights, sustainable development, and many others.
  • The General Assembly can make recommendations to the Members of the United Nations on any matters within its scope. This means that the Assembly can pass resolutions that express its views on a particular issue and call on member states to take action. However, these recommendations are not binding on member states.
  • The General Assembly has the authority to approve the budget of the United Nations and to appoint the Secretary-General on the recommendation of the Security Council.
  • The General Assembly also elects the non-permanent members of the Security Council and other UN bodies.
  • The General Assembly receives and considers annual and special reports from the Security Council and other UN organs.
 
 
For Preliminary Examination: Current events of national and international importance.

For Mains Examination: General Studies II: International organisations

 
 
 
Previous Year Questions
 
1. Consider the following: (UPSC 2011)
1. Right to education.
2. Right to equal access to public service.
3. Right to food.
Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?
A. 1 only          B. 1 and 2 only         C. 3 only        D. 1, 2 and 3
 
 
2. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1918)?  (UPSC 2020)
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
A. 1 and 2 only         B. 2 only          C. 1 and 3 only          D. 1, 2 and 3
 
 
3. With reference to the United Nations General Assembly, consider the following statements: (UPSC 2022)
1. The UN General Assembly can grant observer status to the non-member States.
2. Inter-governmental organisations can seek observer status in the UN General Assembly.
3. Permanent Observers in the UN General Assembly can maintain missions at the UN headquarters.
Which of the statements given above are correct?
A. 1 and 2 only      B. 2 and 3 only          C. 1 and 3 only       D. 1, 2 and 3
 
 
4. With reference to the "United Nations Credentials Committee", consider the following statements: (UPSC 2022)
1. It is a committee set up by the UN Security Council and works under its supervision.
2. It traditionally meets in March, June and September every year.
3. It assesses the credentials of all UN members before submitting a report to the General Assembly for approval.
Which of the statements given above is/are correct?
A. 3 only          B. 1 and 3           C. 2 and 3          D. 1 and 2
 
 
Answer: 1-D, 2-D, 3-D, 4-A
 
Source: The Indian Express
 

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