During Guterres' tenure, the usage of Article 99 of the United Nations Charter for the first time has highlighted the potential threat to international peace and security posed by Israel's actions in Gaza. The question in people's minds is what kind of scenario will emerge as a result of Guterres exercising this authority.
The killing of many UN employees and the destruction of its institutions by Israel in the Gaza attacks seem to have forced Guterres to play his cards. Since the beginning of the attacks, there has been a humanitarian crisis that the UN has been unable to control.
Article 99 of the United Nations Charter regulates the authority of the UN Secretary-General and UN officials to report situations that could attract the attention of the Security Council.
This article grants the Secretary-General or another official the right to promptly report to the UN Security Council when they identify or receive information about situations that threaten international peace and security.
Article 99 was added to provide the UN with an important "rapid response" mechanism.
By presenting the situation in Gaza to the UN Security Council, Secretary-General Guterres is urging the council to take action on such situations. The report will be discussed in the UN Security Council. However, as unanimity is required, a significant decision from the UNSC is not anticipated.
However, with the report, a note has been added to the UN history, and a report on Israel's actions is now in the UN archives.
Speaking Türkiye's state-run broadcaster TRTNews, International legal expert Assoc. Prof. Dr. Levent Ersin Orallı evaluated the possible consequences of the decision.
Orallı emphasizes that the situation highlighted by this report indicates that the UN now needs reform. He describes Guterres's emphasis on this issue with the following words:
"With the use of Article 99 of the United Nations Charter during the Guterres era, the fact that international peace and security are openly threatened by Israel has been recorded in the UN records. At the moment, within the existing system that has been in place for many years, it can be said that Guterres clearly emphasized the need for reform in the structure of the UN Security Council, which has been so wounded."
Orallı points out the failure of international institutions in fulfilling their duties and draws attention to the fact that the killing of so many officials is happening for the first time. "Undoubtedly, Israel continues its inhumane actions on the verge of a massacre over the city of Gaza. The loss of numerous lives within the context of UNICEF, UNESCO, the World Health Organization, the Food and Agriculture Organization, and organizations that the UN has repeatedly called upon before, is happening for the first time. When the evaluation is made that more than 100 UN officials have been killed, it is a stark reality that even an organization tasked with preserving international peace cannot stand," the academic said in a statement.
Orallı also suggests that Guterres's report could influence the initiation of peacekeeping efforts. "The fact that the UN cannot do anything against Israeli attacks has been clearly demonstrated with a report created by the UN Secretary-General within the Security Council. From now on, it might indicate a completely new era that could even bring up a peacekeeping force in the long term within the UN. The importance of Article 99 undoubtedly lies in the Secretary-General witnessing and interpreting the threat to international peace and security. Alongside this, a peacekeeping force will likely be requested from the Security Council. If the UN Security Council and the UN shy away from intervention, the structure of the UN Security Council and the peacekeeping force may lose their functionality. Consequently, I expect a strong declaration," Oralı concluded his comments while emphasising, "If there is no development within the UN, it signifies entering a period where the UN has lost its functionality."
