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

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2003ROME05339 - Classification: CONFIDENTIAL