SECURITY COUNCIL DIVIDED ON KOSOVO, BUT IS IT

UNCLAS SECTION 01 OF 04 USUN NEW YORK 001208

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC KV UNMIK YI
SUBJECT: SECURITY COUNCIL DIVIDED ON KOSOVO, BUT IS IT
BLOCKED?

REF: USUN 1204


1. (SBU) SUMMARY. In a December 19 UN Security Council
session, Serbian PM Vojislav Kostunica called for open-ended
negotiations on Kosovo's future political status, insisting
that any other means of resolving the issue would violate
UNSCR 1244 and the UN Charter. Kosovo President Sejdiu
declared that Kosovo was not seeking an ethnically-based
succession but the final chapter in the break-up of
Yugoslavia. Ambassador Khalilzad characterized the Council
as deadlocked about the way forward on Kosovo with no
prospect of consensus unless Russia were to reconsider its
rejection of the proposal of UN Special Envoy Ahtisaari.
Supporting Serbia's call for continued talks, Russia
circulated draft elements for a Security Council Presidential
Statement on Kosovo calling for further negotiations and the
development of a settlement "roadmap" to include benchmarks
towards "Euro-integration" for both parties. Slovakia said
further negotiations would be futile and cited UNSCR 1244 as
an adequate basis for deployment of an EU rule-of-law
mission, but added that a Kosovo declaration of independence
without Security Council sanction would be problematic.


2. (SBU) SUMMARY CONTINUED. Several Council members spoke
favorably of both the Ahtisaari proposal and the desirability
of a negotiated settlement. UN Secretary-General Ban Ki-moon
arrived at the session after Kostunica and Sejdiu had
completed their presentations; he did not take the floor.
Several representatives stepped outside to make national
statements to the press during the session. EU members (UK,
France, Belgium, Slovakia) joined the German PermRep and
Ambassador Khalilzad in presenting a joint statement
characterizing Belgrade-Pristina differences as
irreconcilable and reiterating that the EU stands ready to
play a leading role in Kosovo. The Security Council is
scheduled to next consider Kosovo on January 8 when UNMIK
provides its quarterly briefing. END SUMMARY.

ATMOSPHERICS
--------------


3. (SBU) When a majority of Security Council members insited
on hearing the comments of Kosovo leadership about the
U.S.-EU-Russia Troika report on Belgrade-Pristina
negotiations on Kosovo's final status, Russia dropped its
usual opposition to Kosovar participation. Fatmir Sejdiu,
president of Kosovo's provisional institutions of
self-government, was therefore invited, over the strong
objection of the Government of Serbia, to address the Council
in a personal capacity under rule 39 of the Council's
provisional rules of procedure. Thirty-nine members of the
UN General Assembly subscribed to observe the December 19
session. UN Undersecretaries of peacekeeping operations and
political affairs, Jean-Marie Guehenno and Lynn Pascoe
respectively, also attended. UN Secretary-General Ban Ki-moon
arrived in the Council after Serbia and Kosovo had completed
their presentations; he did not take the floor. Italian
Foreign Minister Massimo D'Alema chaired the session as
holder of the Council presidency for December. Slovakian
Foreign Minister Jan Kubis presented his country's
intervention. The session was closed to the public and the
media. President Sejdiu and Kosovo political leader Hashim
Thaci arrived before the Serbian delegation and were seated
in the audience section of the Council's formal hearing room
when Prime Minister Kostunica and entourage entered.
Although the Serbs exchanged pleasantries with several
delegations and passed within a few feet of the Kosovars, no
Serbia-Kosovo greetings were exchanged.

Kostunica: Tough, Legalistic Message
--------------


4. (SBU) Speaking in English, PM Kostunica told Council
members that "the fate of my country is in your hands." He
charged that independence for Kosovo without the agreement of
Serbia "would be a violation of the UN charter" that would
devalue the charter itself to the point where it would risk
being ignored in the future, putting in jeopardy peace and
stability around the world. He appealed for the Security
Council to stand behind UNSCR 1244 rather than "retracting
its words and disassembling Serbia." He claimed that the
Ahtisaari plan "no longer exists" because "how could a plan
rejected by the Security Council be the basis for valid
resolution of the Kosovo question." He mocked those who call
the Kosovo situation sui generis, asking "what comfort can
there be in saying that the UN charter will be violated only
once?" To those who suggest that two years of negotiations

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were enough, he said "when did two years become the statute
of limitations on negotiations," and asked rhetorically
whether negotiations on all conflicts that have lasted more
than two years should now be considered concluded.


5. (SBU) Pre-emptively rejecting any Kosovo unilateral
declaration of independence (UDI),Kostunica warned that
Serbia would consider all agreements related to Kosovo to be
void after a UDI and that Kosovo would then forever remain
part of Serbia. He said Serbia "would continue respecting
international law and would never recognize Kosovo" after a
UDI. He expressed confidence that many UN members would
follow suit and "consider Kosovo an illegally created puppet
entity."

Sejdiu: First Appearance Before The UNSC
--------------


6. (SBU) Speaking in Albanian, Kosovo's President Sejdiu said
Kosovo had been frustrated by the months of final status
talks because Belgrade had insisted all along that only one
outcome -- autonomy within Serbia -- was allowed under UNSCR

1244. He said that Kosovo was not seeking an ethnically
based succession but the final chapter in the violent breakup
of Yugoslavia that had introduced the world to the concept of
ethnic cleansing. He emphasized that lack of political
status was stunting Kosovo's development by chilling foreign
investment and blocking access to international financial
institutions. He praised UNMIK for allowing Kosovo time to
build its institutions and praised the potential of the
Ahtisaari proposal to stabilized the region. He assured the
Council that Kosovo remains prepared to support and implement
all aspects of the Ahtisaari proposal -- including its call
for international presences and its far-reaching protections
for minorities and cultural sites.

Slovakia Walks a Tightrope
--------------


7. (SBU) FM Kubis spoke for Slovakia, saying neither side had
yielded on sovereignty in the Troika talks and it is hard to
imagine that more negotiations would lead to a different
conclusion. Citing UNSCR as an adequate basis for launching
the Ahtisaari vision of an EU rule of law mission, Kubis
confirmed Slovakia will both participate in the mission and
increase its presence in KFOR. He said Slovakia is convinced
that the Kosovo status quo is not sustainable but is
nonetheless concerned about a possible UDI. He urged the
Security Council to remain seized with the issue.

Ambassador Khalilzad Challenges Russia to Show Statesmanship
-------------- --------------


8. (SBU) 12. (SBU) Ambassador Khalilzad set the issue of
Kosovo's status in the context of a fifteen-year history of
Balkan conflicts, saying that the ethnic cleansing of
Milosevic had forever ensured that Kosovo could not return to
rule by Belgrade. He stressed that the parties positions are
irreconcilable, the status quo unsustainable and the Security
Council deadlocked, leaving implementation of the Ahtisaari
proposal as the only reasonable option left to the
international community. Speaking directly across the
Council's horseshoe table to the Russian delegation,
Khalilzad said: "I would like to say to my friend Ambassador
Churkin, we respect the position of Russia and wish we could
have come to an agreement, but we have not. We call on you
one last time to embrace the Ahtisaari proposal. We need
statesmanship to move forward on our common goal of a stable
and secure future for Europe."


9. (SBU) Ambassador Khalilzad also directly corrected PM
Kostunica's claim that the Council had rejected the Ahtisaari
proposal, saying "that proposal enjoyed broad support,
including from the EU, NATO, the UN Secretary-general and,
Mr. Kostunica, an overwhelming majority of Security Council
members. It was not rejected by the Council." The Ambassador
also called Serbia's December 10 opening of a government
office in northern Kosovo a provocation and a violation of
resolution 1244. He said "this office should be closed and
no others should be opened." The Ambassador closed by
assuring Council members that implementation of the Ahtisaari
proposal would be consistent with international law and UNSCR
in particular. (text of Amb. Khalilzad's statement is posted
on USUN's website).

Other EU Members Support Ahtisaari
--------------

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10. (SBU) Belgian Permrep Verbeke said there is no common
ground that would allow a negotiated solution. Referring to
the prospect of continued negotiations, he said "there is no
point in continuing to refer to an expedient in which no-one
believes." UK Permrep Sawyers reminded Council members that
the settlement of the Kosovo war had compelled Belgrade to
accept the transfer of legal authority in Kosovo to the
United Nations and that this historical fact convinces the UK
that Kosovo is a sui generis case. Italy's D'Alema agreed
that the potential for negotiations is exhausted because the
positions of the parties are diametrically opposed, adding
that the EU is ready to take on major responsibilities in
Kosovo. French Permrep Ripert stated that he remained
convinced there is no better solution for Kosovo than
Ahtisaari's proposal.

Russia Shows No Flexibility
--------------


11. (SBU) Russia's Churkin asked sarcastically whether eight
years as a UN protectorate legally qualified Kosovo for
independence. He agreed that the status quo is unsustainable
but quickly added "that doesn't mean the only way forward is
imposition of the view of one party." He reminded Council
members that several Security Council-endorsed documents,
including the Guiding Principles of the Contact Group, had
called for a compromise solution for Kosovo. He noted the
readiness of Belgrade to continue to negotiate and said the
comments of several members clearly expressed concern about a
non-negotiated solution. Churkin charged that in some cases
involving "their own vital interests" the U.S. and European
countries were prepared to allow conflicts "to go on for
decades with thousands of deaths," and asked why Kosovo had
to be resolved immediately. He charged that a UDI "would be
a gross violation of UNSCR 1244," obliging the UN Secretariat
to counter it. He told Council members that Kosovo is not
unique and suggested a UDI could set off a dangerous chain
reaction in any region in the world where there is separatism
and religious conflict. As Secretariat staff distributed a
Russian paper entitled "Key Elements for a Security Council
Presidential Statement on Kosovo," Churkin said Russia was
proposing what he called "a constructive alternative of
continued negotiations guided by a roadmap based on 1244."
(NOTE. Russia has not called for an experts' meeting on the
draft text or otherwise activated its consideration by the
Security Council. END NOTE.)

Remaining Council Members Show Too Much Flexibility
-------------- -


12. (SBU) Chinese Permrep Wang stated that the best solution
is to help the parties find a mutually acceptable solution
through compromise. He argued that "despite Kosovo's
specific nature, any settlement will inevitably have
repercussions on the international level." Wang said
although there has not been a breakthrough, the potential for
a solution is not exhausted. Peruvian Permrep Voto-Bernales
pointed to the unique history of Yugoslavia and the growing
expectation for independence in Kosovo as factors that should
be considered. "There are two deadlocks," he said ", one
between the parties and one among countries in the Council.
He said Peru supports "solutions taken by countries in the
region where the problem in question is occurring."
Panamanian Permrep Arias expressed concern about consequences
for the region and the world of a non-negotiated solution.
Indonesian PermRep Natalegawa said the Council should send a
message that it is united to resolve Kosovo's final status
and suggested the Council needs to make sure any decision it
makes is in line with the UN charter and basic principles of
international law and avoid making "perilous precedents."
Qatar's Permrep Al-Nasser said both parties should offer
realistic solutions and avoid violence. Ghana's PermRep
Christian said we must encourage the parties to negotiate and
encourage no provocative acts. South African Deputy Permrep
Sangqu noted that the historical context of Kosovo was
undeniable, but that was all the more reason that we needed a
solution in line with international law. Congo's
representative stated that the status quo cannot last but
insisted that only a solution deriving from negotiations
would not set a difficult precedent.


13. (SBU) No further Council sessions have been scheduled on
the Troika report. The Council next considers Kosovo in the
context of the regular quarterly UNMIK briefing on January 8.



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Khalilzad