Identifier
Created
Classification
Origin
07USUNNEWYORK1129
2007-12-06 00:20:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
USUN New York
Cable title:  

CAUTIOUS BAN SEEMS TO SUPPORT OUR KOSOVO BOTTOM

Tags:  UNSC PREL UNMIK KV YI 
pdf how-to read a cable
VZCZCXRO4853
PP RUEHBZ RUEHIK RUEHPOD RUEHYG
DE RUCNDT #1129/01 3400020
ZNR UUUUU ZZH
P 060020Z DEC 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3272
INFO RUEHZG/NATO EU COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0212
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1117
RUEHBS/USEU BRUSSELS PRIORITY
RUEHPS/USOFFICE PRISTINA PRIORITY 1052
UNCLAS SECTION 01 OF 02 USUN NEW YORK 001129 

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL UNMIK KV YI
SUBJECT: CAUTIOUS BAN SEEMS TO SUPPORT OUR KOSOVO BOTTOM
LINES

REF: SECSTATE 163405

UNCLAS SECTION 01 OF 02 USUN NEW YORK 001129

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL UNMIK KV YI
SUBJECT: CAUTIOUS BAN SEEMS TO SUPPORT OUR KOSOVO BOTTOM
LINES

REF: SECSTATE 163405


1. (SBU) Summary: On December 5, the Coordinating and
Drafting Group minus Russia plus Portugal met with SYG Ban to
discuss the way ahead on Kosovo in the post-Troika period.
The group laid out the likelihood of a blocked Security
Council and the need to find a status solution outside of the
Council. Ban responded in a cautious tone, but used language
that seemed to indicate support for our bottom line outcome.
Ban stated, inter alia, that he would consider "the possible
actions of member states as well as possible counter actions
by Serbia on the ground." Ban also expressed readiness to
deal with possible changes on the ground in a realistic way.
Ban warned that he intended to transmit the Troika report in
a "neutral tone in the interest of the international
community" and so as to "preserve space for himself." End
summary.

Meeting With SYG Ban
--------------

2. (SBU) Following a morning preparation meeting of the
Coordinating and Drafting Group minus Russia plus Portugal
where division of labor in speaking to Ban was determined and
drawing on points in reftel, Khalilzad opened the group's
meeting with SYG Ban noting that the Troika would be a
failure and that we needed to discuss with Ban transmission
of the Troika's report and other key actions, bearing in mind
that the Security Council would likely not be able to find a
solution but that the U.S. and key EU countries were
determined to find a solution to Kosovo's status, perhaps
outside of the UNSC. Khalilzad explained that EU colleagues
would address specific points with UK Permrep Sawyers
discussing the transmittal letter, Portuguese Permrep
Salgueiro touching on the EU issues and Italian Permrep
Spatafora reviewing the December 19 UNSC meeting.


3. (SBU) Sawyer's told Ban the group was sensitive to
pressure that Russia was applying to Ban and did not want to
damage his relations with a key member state, but suggested
reasonable elements for a cover letter include: 1) the Troika
has completed its work 2) recalling the CG statement that the
status quo is not sustainable (so Ban would not have to say
it himself directly) 3) reiterating the need to maintain
peace in the region and 4) noting the UN will remain in touch

with other organizations.


4. (SBU) Salgueiro stressed to Ban that the December 14
European Council statement in its final form would likely be
strong and contain the following elements: 1) the Troika
process has concluded 2) despite comprehensive efforts the
Troika is exhausted 3) the parties must avoid statements that
endanger security and also must refrain from violence 4) note
the SYG's statement that the status quo is not sustainable 5)
stress Kosovo is a sui generis case 6) underscore the EU is
ready to play a leading role in strengthening stability in
the region and in implementing a status settlement as well as
to increase its preparations for an ESDP mission and
contribution to an International Civilian Office 7) encourage
Serbia to meet the necessary conditions to sign a
Stabilization and Association Agreement.


5. (SBU) Spatafora stated that he had received a letter from
Serbian Permrep Jevremovic requesting that Prime Minister
Kostunica participate in the December 19 UNSC meeting.
Spatafora said that the Italian presidency would work to find
a format that would accommodate the participation of both
parties to the Troika process in the UNSC meeting. Spatafora
also forecast that the UNSC would prove to be deadlocked
again as it was in July. He told Ban that the question of
Ban's own participation in the meeting was up to him.


6. (SBU) SYG Ban responded that he would "transmit the Troika
report quickly on December 10 in a neutral tone." Ban stated
that discussions with senior advisers made him believe this
is in the best interest of the international community and
that he needs to "keep space for himself in upcoming
negotiations in a mutually acceptable way." Ban reported
that his legal advisers had convinced him that, absent other
guidance from the Security Council, 1244 remains the basis
for all actions of UNMIK and other entities in Kosovo. Ban
would seek to ensure that the UN is independent, promote the
UN's long-term legacy in Kosovo and prevent a worsening of
the situation on the ground. Ban said he will also take into
account the European Council statement and "the possible
actions of member states as well as possible counter actions

USUN NEW Y 00001129 002 OF 002


by Serbia on the ground." Ban added it might be necessary
"to be ready to deal with possible changes on the ground in a
realistic way." Ban said he will be "in a listening mode on
December 19" and "not prejudge what members or parties will
say."


7. (SBU) Ban asked if there was any possibility for further
dialogue in the Council. Special Adviser Veejay Nambiar
asked whether there might be a further meeting on December
21, to which Spatafora responded it looked likely that all
discussion would end the same day. Ambassador Khalilzad
acknowledged to Ban that we did not want him to lose his
ability to work with all sides, but stressed it was critical
he include as many of our points as possible in his
transmission letter. Ban argued that he did not intend to
give in to Russian pressure, but would act on his own
judgment that is informed by a fair assessment from his
political and legal advisers. Sawyers added that the group
had chosen to meet Ban in a format that includes all EU
countries on the Council plus Portugal to emphasize that
Europeans want to solve a problem that affects their region
and for which they will pay the price if they can not, adding
that "it is easy for those to criticize who have no stake."

Comment
--------------

8. (SBU) Ban has clearly become familiar now with many of the
key arguments on Kosovo and was fairly well prepared for the
meeting. While his approach was much more circumspect than
we might have hoped for, much of his coded phrasing seemed to
be telling us that he supports US-EU bottom lines. However,
the game has just begun and we will need to keep up or apply
greater pressure to influence Ban to take any bolder actions
than he has planned or just to prevent any deterioration from
where he is now. Russian Permrep Churkin already made his
next move when he told Khalilzad later in the day that he
will argue against a meeting format that allows a Kosovar
intervention during the December 19 Security Council meeting
and insist on the previous format where the Kosovars are
represented by SRSG Rucker.

Participant List
--------------

9. (U)

UN: SYG Ban, U/SYG and Special Adviser Nambiar, U/SYG
Guehenno, U/SYG Pascoe

United States: Ambassador Khalilzad
Italy: Ambassador Spatafora
Germany: Ambassador Matussek
Slovakia: Ambassador Burian
UK: Ambassador Sawyers
France: Ambassador LaCroix
Belgium: Ambassador Verbeke
Khalilzad