ITALY OPPOSES ICJ RESOLUTION ON ISRAEL

C O N F I D E N T I A L ROME 005339 SIPDIS E.O. 12958: DECL: 11/23/2013 TAGS: PREL KPAL IS IT UNGA SUBJECT: ITALY OPPOSES ICJ RESOLUTION ON ISRAEL REF: A. STATE 325119 ¶B. ROME 4774 ¶C. ROME 4806 ¶D. ROME 4842 CLASSIFIED BY: POL M/C FOR REASONS 1.5(B),(D). ¶1. (C) DURING A NOVEMBER 24 TELCON, MFA OFFICE DIRECTOR FOR THE EASTERN MEDITERRANEAN LUCA FERRARI TOLD POL M/C THAT ITALY'S POSITION ON AN ICJ RESOLUTION HAS NOT CHANGED AND THAT IT IS STILL A TERRIBLE IDEA. THE MFA HAS ALREADY ISSUED INSTRUCTIONS TO ITS MISSION IN NEW YORK TO PURSE A THREE-PART STRATEGY: -- THE MISSION SHOULD FIRST ATTEMPT TO LINE UP EU CONSENSUS FOR A NO VOTE ON THE ICJ RESOLUTION. IF EU CONSENSUS IS IMPOSSIBLE, ITALY WILL STILL VOTE AGAINST THE RESOLUTION. -- FERRARI SHARED WITH THE MISSION A LEGAL ANALYSIS PREPARED BY FORMER ICJ JUSTICE LUIGI FERRARI BRAVO. IN BRIEF, AS FERRARI DESCRIBED THE ANALYSIS, IT CONCLUDES THAT THE ISRAELI CONSTRUCTION OF A BARRIER IN THE OCCUPIED TERRITORIES IS NOT LEGAL BUT THAT THE ICJ CAN'T SAY ANYTHING ABOUT IT SINCE THE OCCUPIED TERRITORIES ARE NOT CLAIMED BY ANY OTHER STATE. FERRARI ASKED THE ITALIAN MISSION TO MAKE LIBERAL USE OF THE ANALYSIS. -- FERRARI ASKED THE MISSION TO EXPLORE WHETHER THE RESOLUTION COULD SOMEHOW BE DIRECTED TO THE SIXTH (LEGAL) COMMITTEE FOR CONSIDERATION. IF THAT WORKS, FERRARI FEELS THAT WE CAN COUNT ON THE LEGAL EXPERTS THERE TO DELAY AND DEFUSE THE PALESTINIAN RESOLUTIONS. ¶2. (C) POL M/C PRESSED ON THE IMPORTANCE OF THE FIRST PART OF THIS STRATEGY. AN EU CONSENSUS ON ABSTENTION WOULD BE WELCOME BY THE PALESTINIAN BECAUSE IT WOULD LEAVE THEM STILL WITH A MAJORITY OF VOTES. THE PALESTINIANS WOULD ONLY BE IMPRESSED IF THE EU MADE IT CLEAR THAT IT WOULD VOTE AGAINST REFERRING THE ISSUE TO THE ICG. SUCH A FIRM STAND WOULD NOT ONLY BE BENEFICIAL FOR THE ISSUE AT HAND, BUT WOULD ALSO HELP IN FUTURE NEGOTIATIONS WITH THE PALESTINIANS IN NEW YORK. ¶3. (C) FERRARI AGREED WITH POL M/C AND SAID THAT HE WOULD DO HIS BEST BUT URGED THE U.S. TO WORK ESPECIALLY TO CONVINCE IRELAND AND GREECE OF THE NEED TO AGREE TO A NO VOTE. SEMBLER NNNN 2003ROME05339 - Classification: CONFIDENTIAL