(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Archiv: Charter of the United Nations / Charta der Vereinten Nationen
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Israel is a rogue nation. It should be removed from the United Nations
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 3. The premises of the United Nations shall be inviolable. The property and assets of the United Nations, wherever located and by whom soever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
(…)
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Charter Chapter XIV: The International Renewal Court of Justice
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS Adopted by the General Assembly of the United Nations on 13 February 1946
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
Could Israel‘s Unrwa ban lead to its suspension from the UN?
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
Arab League to appeal for Gaza ‚no-fly zone‘
(April 10, 2011)
The Arab League request for a no-fly zone over Gaza may have been inspired by a UN-sanctioned aerial blockade for Libya to halt forces loyal to Moamer Kadhafi harming civilians.
Arab League backing for that no-fly zone was seen as crucially important by the United States when it pressed for a UN resolution that authorised it and other countries to keep Libyan planes grounded.
Charter Chapter VII: Action with respect to threats to the peace, breaches of the peace and acts of aggression
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of members of the Renewed United Nations, when peaceful solutions to the conflict, leading to freedom, personal responsibility, self-determination, increased prosperity and further implemenations of fundamental rights and freedoms for the population of the territory are simultaneously proposed or put into effect.
Egypt condemns Israeli massacre of Gazans in Beit Lahia
Egypt reiterated its call for the Security Council to fulfill its responsibilities in maintaining international peace and security, warning of the serious consequences if the international community fails to intervene promptly to stop the Israeli aggression.
UN Secretary-General Addresses General Debate, 79th Session
Categories
Meetings & Events / General Assembly / 79th Session / Plenary
Production Date
24 Sep 2024
Video Length
00:25:07
Asset Language
Arabic
Chinese
English
French
Russian
Spanish
Original
Secretary-General‘s remarks at the Opening of the General Debate of the Seventy-ninth Session of the General Assembly ..
Many have said that the differences and divisions today are just too great.
That it is impossible for us to come together for the common good.
You proved that is not true.
The Summit of the Future showed that with a spirit of dialogue and compromise, we can join forces to steer our world to a more sustainable path.
It is not the end.
It is a start of a journey, a compass in the whirlwind.
Let‘s keep going.
Let‘s move our world towards less impunity and more accountability …. less inequality and more justice … less uncertainty and more opportunity.
The people of the world are looking to us – and succeeding generations will look back on us.
Let them find us on the side of the United Nations Charter … on the side of our shared values and principles … and on the right side of history.
UN likely to vote next week on push to end Israel presence in Palestinian territory
(September 9,2024)
The United Nations General Assembly is likely to vote next week on a Palestinian draft resolution demanding Israel end „its unlawful presence in the Occupied Palestinian Territory“ within six months.
The key aim of the draft resolution, written by the Palestinian Authority and seen by Reuters, is to welcome a July advisory opinion by the International Court of Justice that said Israel‘s occupation of Palestinian territories and settlements is illegal and should be withdrawn.
The Palestinian Authority‘s diplomatic war continues – editorial
Ever since then-PLO chairman Yasser Arafat, infamously carrying a pistol, spoke at the UN in 1974, the Palestinian situation has not significantly changed. In fact, as the situation in Gaza attests, it has only gotten worse – despite the PA winning vote after vote in the UN General Assembly.
If the Palestinians had spent the same energy over the past half-century building up the areas under their control in the West Bank and Gaza rather than demonizing Israel on the world stage, their situation today would be markedly different and much better.
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Could the Palestinians get UNGA membership?
The May vote by the General Assembly was a global survey of support for the Palestinian bid to become a full member – a move that would effectively recognize a Palestinian state – after the United States vetoed it in the U.N. Security Council in April.
The Palestinians remain a non-member observer state as the 15-member Security Council has not acted on the General Assembly recommendation.
Oct. 25, 1971 | People’s Republic of China In, Taiwan Out, at U.N.
(October 25, 2011)
On Oct. 25, 1971, the United Nations General Assembly voted to admit the People’s Republic of China (mainland China) and to expel the Republic of China (Taiwan). The Communist P.R.C. therefore assumed the R.O.C.’s place in the General Assembly as well as its place as one of the five permanent members of the U.N. Security Council. (…)
The United States, the most significant opponent of the resolution, then argued for the P.R.C. to be admitted separately from the R.O.C., which would have allowed the R.O.C. to retain its spot. The proposal was defeated.
Declaration of Israel‘s Independence 1948
WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948, the People‘s Council shall act as a Provisional Council of State, and its executive organ, the People‘s Administration, shall be the Provisional Government of the Jewish State, to be called „Israel“.
THE STATE OF ISRAEL will be open for Jewish immigration and for the Ingathering of the Exiles; it will foster the development of the country for the benefit of all its inhabitants; it will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of the Charter of the United Nations.
United Nations Stabilisation Mission in Haiti
The United Nations Stabilisation Mission in Haiti (French: Mission des Nations Unies pour la stabilisation en Haïti), also known as MINUSTAH, an acronym of the French name, was a UN peacekeeping mission in Haiti that was in operation from 2004 to 2017.
Oct. 25, 1971 | People’s Republic of China In, Taiwan Out, at U.N.
(October 25, 2011)
On Oct. 25, 1971, the United Nations General Assembly voted to admit the People’s Republic of China (mainland China) and to expel the Republic of China (Taiwan). The Communist P.R.C. therefore assumed the R.O.C.’s place in the General Assembly as well as its place as one of the five permanent members of the U.N. Security Council. (…)
The United States, the most significant opponent of the resolution, then argued for the P.R.C. to be admitted separately from the R.O.C., which would have allowed the R.O.C. to retain its spot. The proposal was defeated.
Rules of procedure: XIV. Admission of New Members to the United Nations
Applications
Rule 134
Any State which desires to become a Member of the United Nations shall submit an application to the Secretary-General. Such application shall contain a declaration, made in a formal instrument, that the State in question accepts the obligations contained in the Charter. [See introduction, para. 8]
Notification of applications
Rule 135
The Secretary-General shall, for information, send a copy of the application to the General Assembly, or to the Members of the United Nations if the Assembly is not in session. [See introduction, para. 8]
Consideration of applications and decision thereon
Rule 136
If the Security Council recommends the applicant State for membership, the General Assembly shall consider whether the applicant is a peace-loving State and is able and willing to carry out the obligations contained in the Charter and shall decide, by a two-thirds majority of the members present and voting, upon its application for membership.
Rule 137
If the Security Council does not recommend the applicant State for membership or postpones the consideration of the application, the General Assembly may, after full consideration of the special report of the Security Council, send the application back to the Council, together with a full record of the discussion in the Assembly, for further consideration and recommendation or report. [See introduction, para. 8]
Notification of decision and effective date of membership
Rule 138 PDF
The Secretary-General shall inform the applicant State of the decision of the General Assembly. If the application is approved, membership shall become effective on the date on which the General Assembly takes its decision on the application. [See introduction, para. 8]
Palestinian Authority Could Seek Full UN Membership This Year
(09.01.2024)
Mansour said the Palestinian Authority, with the backing of Arab states, would start mobilizing support to go to the U.N. Security Council, which holds the key to membership because it must back a request before it can go to the General Assembly for a final decision. That means at least nine council members must vote in favor of the move, and none of the permanent five members can veto it.
UN Secretary-General‘s remarks to opening session of the Doha Forum [as delivered]
Last week, I delivered a letter to the President of the Security Council, invoking Article 99 of the Charter of the United Nations for the first time since I became Secretary-General in 2017.
I wrote that there is no effective protection of civilians in Gaza. As a matter of fact, during my mandate the number of civilian casualties in Gaza in such a short period is totally unprecedented.
The health care system is collapsing. I expect public order to completely break down soon and an even worse situation could unfold, including epidemic diseases and increased pressure for mass displacement into Egypt.
I said that 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.
And I urged the Security Council to press to avert a humanitarian catastrophe and I reiterated my appeal for a humanitarian ceasefire to be declared.
Regrettably, the Security Council failed to do it, but that does not make it less necessary. So, I can promise I will not give up.
‘I will not give up’ on push for Gaza humanitarian ceasefire: Guterres
Also addressing the conference in Qatar, the head of the UN agency for Palestinian refugees, UNRWA, said the dehumanisation of Palestinians has allowed the international community to tolerate Israel’s continued bombardment of Gaza, which has led to more than 17,000 deaths since 7 October.
“There is no doubt that a humanitarian ceasefire is needed if we want to put an end to hell of earth right now in Gaza”, said Philippe Lazzarini.
#LIVE: The meeting has adjourned Security Council members, meanwhile, continue negotiations on a draft resolution, and are scheduled to reconvene this afternoon (Friday) at 5:30 PM New York time Stay with us for further developments
The draft resolution has only 3 OPs. It „takes note and acts upon“ the UNSG Art. 99 letter. It was officially circulated in the #UNSC – Voting date and time TBD, but it‘s most likely on Friday. Here‘s the text:
„The Security Council,
PP1. Recalling its resolutions on the situation on the Middle East,
PP2. Taking note of and acting upon the letter dated 6 December 2023 of the Secretary-General, under Article 99 of the Charter of the United Nations, addressed to the President of the Security Council (S/2023/962),
PP3. Expressing grave concern over the catastrophic situation in the Gaza Strip and the suffering of the Palestinian civilian population,
OP1. Demands an immediate humanitarian ceasefire;
OP2. Reiterates its demand that all parties comply with their obligations under international law, including international humanitarian law, notably with regard to the protection of civilians;
OP3. Requests the Secretary-General to report to the Council on an urgent and continuing basis on the state of implementation of the present resolution;
OP4. Decides to remain actively seized of the matter.“
1) The situation in the Middle East, including the Palestinian question – Security Council, 9498th meeting. 2) The situation in the Middle East, including the Palestinian question – Security Council, 9499th meeting.
The situation in the Middle East, including the Palestinian question.
Description
Letter dated 6 December 2023 from the Secretary-General addressed to the President of the Security Council (S/2023/962).
Related Sites and Documents
S/2023/962
„The eyes of the world – and the eyes of history – are watching. Time to act.“ @antonioguterres Watch Security Council on the situation in the Middle East, including the Palestinian question:
webtv.un.org/en/asset/k19/k1…
Available in: لعربية 中文 English Français Русский Español
Secretary-General‘s remarks to the Security Council – on the situation in the Middle East, including the Palestinian Question [bilingual as delivered; scroll down for all-English ]
More than 130 of my colleagues have already been killed, many with their families. (…)
More than 17,000 Palestinians have reportedly been killed since the start of Israel’s military operations. This includes more than 4,000 women and 7,000 children. Tens of thousands are reported to have been injured, and many are missing, presumably under the rubble.
All these numbers are increasing by the day. (…)
At least 286 health workers have been killed. (…)
I urge the Council to spare no effort to push for an immediate humanitarian ceasefire, for the protection of civilians, and for the urgent delivery of lifesaving aid.
While we deal with the current crisis, we cannot lose sight of the only viable possibility for a peaceful future: a two-State solution, on the basis of United Nations resolutions and international law, with Israel and Palestine living side-by-side in peace and security.
This is vital for Israelis, Palestinians, and for international peace and security.
The eyes of the world – and the eyes of history – are watching.
It’s time to act.
Ireland will co-sponsor ?? resolution on #Gaza at UN Security Council today, demanding: – Immediate humanitarian ceasefire. – Protection of civilians & compliance with int. law. – Immediate & unconditional release of hostages. – Urgent humanitarian access.
The Council must act
Gaza fighting continues amid ‘apocalyptic’ conditions; Security Council to meet Friday
(December 7, 2023)
Meanwhile, in New York, Ecuador – which holds the presidency of the Security Council, announced that an emergency meeting to discuss the Palestine-Israel crisis would take place at 10 AM local time in New York on Friday.
UN chief António Guterres called on the 15-member Council on Wednesday – invoking the rare but powerful Chapter 99 tool – to “press to avert a humanitarian catastrophe” and unite in a call for a full humanitarian ceasefire.
The Security Council set to vote on Gaza resolution following Antonio Guterres letter
At the United Nations in New York it‘s considered „a nuclear option“ for the Secretary General to invoke Article 99 of the UN charter as he did yesterday in a letter to the Security Council.
It’s a sign that the UN leadership feels it has run out of options trying to cajole and pressure the Council – the UN’s highest decision-making body – into action.
The UN Security Council could vote as early as Friday on a new text calling for a ceasefire in Gaza, after a dramatic intervention from UN chief António Guterres
CAIR Welcomes UN Chief’s Invocation of Rare Article 99 Over Gaza Genocide
The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today welcomed the invocation of a rare clause ordering the UN Security Council to meet to discuss an urgent ceasefire in Israel’s ethnic cleansing and genocide in Gaza.
United Nations Charter (full text)
Article 99
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.
I‘ve just invoked Art.99 of the UN Charter – for the 1st time in my tenure as Secretary-General.
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.
Charter Chapter VII: Action with respect to threats to the peace, breaches of the peace and acts of aggression
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of members of the Renewed United Nations, when peaceful solutions to the conflict, leading to freedom, personal responsibility, self-determination, increased prosperity and further implemenations of fundamental rights and freedoms for the population of the territory are simultaneously proposed or put into effect.