Values, Shortcomings of Guterres’ Historical Measure towards Gaza War, World’s Expectations from Him

2023/12/16 | interview, Politics, Top News

Strategic Council Online - Interview: A university professor of international law said that the rare action of the UN Secretary-General, in using Article 99 of the Charter, was taken under political and public opinion pressure caused by the extent of crimes committed by the Israeli regime in Gaza, emphasized: Antonio Guterres should take the case to the General Assembly while using Article 12 of the Charter and also use tools such as sending the Blue Helmets, fact-finding team, special rapporteur or observers to the occupied territories.

Dr. Gholamreza Khaaji, in an interview with the website of the Strategic Council on Foreign Relations, stated that the Secretary General of the United Nations, in a rare move, used Article 99 of the United Nations Charter to accelerate the action of the Security Council regarding the Israeli regime’s war against Gaza, and requested the attention of the Council towards the tragedies in Gaza, adding: Due to the inability of the UN Security Council to pass a resolution for an immediate and lasting ceasefire in Gaza, the UN Secretary-General warned in his letter to the President of the Security Council that the public order in Gaza due to its desperate conditions will soon, and completely, collapse and it is necessary for the Security Council to take immediate action regarding establishment of peace in Gaza.

Recalling that Article 99 of the UN Charter had been used only six times before, he considered its use as being diplomatic and symbolic and added: This action of the Secretary-General, which was rare in any case, was taken under political and public opinion pressure caused by the extent of crimes committed by the Israeli regime in Gaza; because we are witnessing an increase in global expectations regarding the need for the UN Secretary-General to play an influential role in this regard.

While pointing to the text of Article 99 of the UN Charter, the university professor explained: In this article, it is stated that ‘the Secretary-General has been given a special right which goes beyond any power previously accorded to the head of an international organization, to bring to the attention of the Security Council any matter …and can raise any issue and draw the attention of the Security Council to it’. But unfortunately, from this point on, no other mechanism for the Secretary-General has been seen, and no power has been given to it. As we witnessed the veto of the United States regarding this action of the Secretary-General, Article 99 cannot negate the right of veto of the permanent members of the Security Council.

Khaaji pointed to Guterres’ letter to the current head of the Security Council stating that the situation in Gaza is very terrible and has dangerous consequences for the people of that region, and at the same time, expressing regret for the ineffectiveness of those actions, he added: Such measures by Guterres, revealed the anger of the Secretary General of the United Nations towards the extent of the tragedies and crimes that the Israeli regime is committing in Gaza, and by increasing the political costs for the Zionist regime, it made it possible for other countries to express their political positions by referring to this measure of the UN Secretary-General.

At the same time, he criticized the literature of Guterres’ letter to the Security Council, describing it as biased and said: If the English text of Mr. Guterres’ letter about Gaza is translated, the world as a whole will be disappointed with the role of the United Nations. However, the foreign minister of the Israeli regime considered the arrogance of Guterres’ tenure as a threat to world peace and canceled his meeting with him in protest to the Secretary-General’s request for a ceasefire. The Israeli regime even ordered the expulsion of the UN humanitarian coordinator in the occupied territories. However, it should be noted how many UN employees were killed in Gaza and in the attacks of the Israeli regime! Although the Secretary-General only expressed regret for their deaths, now the Israeli regime’s tone and measures are very brazen towards the role being played by the UN Secretary-General.

Emphasizing the need for the UN Secretary-General to pay attention to the necessity of using tools such as sending fact-finding teams, special rapporteurs, or observers to the occupied territories, the lawyer stated: The UN Secretary-General can send the Blue Helmets to the region. Blue helmets are given the right to be deployed to the area, followed up on by law enforcement, and engaged with the offending party. However, the US will definitely not agree with the dispatch of those forces to this region.

Khaaji said that appointing all secretaries general of international governmental organizations is the responsibility of the UN Secretary-General. We have organizations that can now declare a position; they must be activated by order of the Secretary-General. However, the powers don’t allow the UN Secretary-General to use his powers.

While referring to the tone and literature of the then UN Secretary General’s letter at the time of using Article 99 of the Charter regarding the occupation of the Den of Espionage and comparing it with Guterres’ letter, in which biased words have been said about the Israeli regime, he said: The use of this article in the case of occupying the Den of Espionage, it was less expensive for the Secretary-General than activating this article against the crimes of the Israeli regime in Gaza. The Secretary General of the United Nations is basically not elected without the approval of five members of the Security Council. At the same time, if the United Nations had an independent Secretary General, he would have been able to take several actions regarding the crimes that are happening in Gaza. Indeed, the Israeli regime and the US have put a lot of pressure on Guterres for this action.

The professor of international law pointed to the crimes committed by the Zionist regime in terms of killing civilians, especially women, and children, attacking hospitals and schools, as well as preventing relief works and sending food and medicine, and emphasized: With all such tragedies that are taking place now in front of the eyes of the United Nations and its Secretary General, the least a Secretary General can do is to resign if he cannot do anything. He should say I cannot work and officially declare that he does not have the necessary tools to create international peace.

Emphasizing that Guterres should take the case to the Organization’s General Assembly using Article 12 of the Charter, Khaaji added: Unfortunately, if there is peace now, it is the result of reciprocal behavior of countries and mutual action, and in particular international scenes, there is no hope for the United Nations and the Security Council.

Antonio Guterres | Gholamreza Khaji | Secretary General of the United Nations | The UN Secretary General's use of Article 99 of the Charter

https://scfr.ir/en/?p=240140

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