CHURKIN: A LAPSE OF 1244 WOULD MEAN KOSOVO REVERTS

UNCLAS USUN NEW YORK 000522 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL UNSC UNMIK YI SUBJECT: CHURKIN: A LAPSE OF 1244 WOULD MEAN KOSOVO REVERTS TO SERBIA (OR DOES IT?). ¶1. (SBU) In the course of a June 25 discussion with Ambassador Khalilzad, Russian Permrep Churkin said he would veto the draft resolution tabled by cosponsors June 20 if it was brought to a vote today. Churkin expressed interest in a formula that would have a first resolution calling for negotiations between the parties for a fixed period, during which the international presence called for in the Ahtisaari plan (e.g., EU, NATO) would be authorized and at the end of which UNSCR 1244 would terminate. A second resolution, over which we and the Russians would retain veto authority, would decide what follows. ¶2. (SBU) Churkin's assessment is that once 1244 lapses, Kosovo reverts to Serbia under international law. We do not believe that assessment is correct. ¶3. (SBU) We request Department's opinion on how a lapse of 1244, with no UNSC follow-on action, would affect Kosovo's status. ¶4. (SBU) We see two options ahead of us: 1) Continue to press for the current resolution, including putting into "blue" and possibly pushing it to a vote prior to the Kennebunkport Summit -- a step that could force the Russians to show any remaining flexibility and demonstrate that UNSC action on Kosovo is stymied. 2) Explore a variant of a minimalist resolution along the lines of the Khalilzad-Churkin discussion described above, which would authorize the international presence components of the Ahtisaari plan, allow for a fixed period of negotiations after which UNSCR 1244 would terminate, with or without a second resolution on what follows. This option would allow us and the Europeans to recognize Kosovo after 1244 lapses. KHALILZAD