SPANISH POSITION ON UNSC AND ICJ ADVISORY OPINION

C O N F I D E N T I A L MADRID 002955

SIPDIS

E.O. 12958: DECL: 08/03/2014
TAGS: PREL IS SP ICJ UNGA
SUBJECT: SPANISH POSITION ON UNSC AND ICJ ADVISORY OPINION
ON ISRAELI SECURITY BARRIER

REF: STATE 166143

Classified By: Political Counselor Kathleen Fitzpatrick for reasons 1.4
(b) and (d).


1. (C) We delivered reftel demarche to Juan Manuel
Gonzalez de Linares, MFA Deputy Director General of UN
Affairs, on August 2. Gonzalez de Linares stated that Spain
will wait and see what the General Assembly presents to the
Security Council before taking a definitive position, adding
that, as always, Spain will try to tone down any aggressive
language and balance any text that is presented. He said
that GOS generally favors the US legalistic argument that the
ICJ advisory opinion is non-binding and that the GOS would
have problems with using the Security Council to make the
advisory opinion binding. He questioned how the Security
Council could discuss implementing coercive measures or
imposing sanctions for an opinion that is legally
non-binding. He is aware that the Arab Group of the General
Assembly has talked of referring the ICJ advisory opinion to
the Security Council. He had heard initially that they might
take action in September 2004. Later, he heard that the Arab
Group was going to wait until after the results of the US
elections.


2. (C) Gonzales de Linares offered a personal opinion that
he said was shared by many in the MFA that Spain would prefer
to focus on Iraq and Sudan during their one-month Presidency
of the Security Council in September 2004. He believes that
the Israeli-Palestinian security barrier issue could detract
from other important UN issues. He noted that the Security
Council had already voted in 2003 on this very issue.
MANZANARES