SLOVAKIA WILL SUPPORT ICJ REFERRAL ON KOSOVO IN

C O N F I D E N T I A L BRATISLAVA 000462 SIPDIS STATE FOR EUR/RPM, EUR/CE E.O. 12958: DECL: 10/09/2018 TAGS: PREL KV UN LO SUBJECT: SLOVAKIA WILL SUPPORT ICJ REFERRAL ON KOSOVO IN ABSENCE OF EU CONSENSUS REF: STATE 105796 Classified By: Political/Economic Chief Susan Ball, for reasons 1.4 b a nd d ¶1. (C) DCM delivered reftel demarche to Eva Ponomarenkova, Director of the MFA's Balkan Section, on October 6. Ponomarenkova said that the Slovaks would join an EU-wide approach in the unlikely event one emerged, but in the absence of consensus would vote to support an ICJ referral on Kosovo. ¶2. (C) Ponomarenkova focused initially on technical and legal issues, noting that the referral would not address the question of recognition, but rather whether Kosovo's declaration of independence was consistent with international law. She rejected the notion that moving the issue to the court would hamper Serbian moves toward EU integration. Pressed on the potential wide-ranging downsides of a court ruling, Ponomarenkova asserted that an ICJ acknowledgment that the declaration was unlawful would somehow help the Serbs move forward. This and previous conversations make clear that the MFA buys the Serbian argument that this tactic will enable Serbia to "set Kosovo aside," and move ahead with practical cooperation with the EU. EDDINS