SERBIA'S KOSOVO ICJ RESOLUTION AT UNGA: BELGIUM

C O N F I D E N T I A L BRUSSELS 001343

SIPDIS

E.O. 12958: DECL: 08/29/2023
TAGS: PREL UN UNGA KV BE PINR
SUBJECT: SERBIA'S KOSOVO ICJ RESOLUTION AT UNGA: BELGIUM
DECIDING BETWEEN OPPOSING OR ABSTAINING

Classified By: POL/E COUNSELOR RICHARD EASON, Reasons 1.4 (b) and (d).


1. (C) SUMMARY: Belgium as directed its UN Mission in New
York either to vote against the Serbian UNGA resolution to
refer the issue of Kosovo's independence to the ICJ or to
abstain. Belgium will make its choice based on supporting EU
and western unity on the issue. This is despite the Belgian
belief that moving the issue from the political sphere to a
long legal process provides breathing room for a Serbian
government which the west should support. END SUMMARY.


2. (C) POL/E counselor delivered the referenced demarche on
August 29 to Luc Liebaut, Director of the Belgian MFA's
Office of Southeast European Affairs. Liebaut noted that
Belgium had recognized Kosovo as well and acknowledged that
Serbia disputed the legal basis of the declaration of
independence. He added that experts in international law
could clearly find objections to the declaration. Belgium's
position was that the Kosovo situation had been sui generis
and required a unique solution.


3. (C) Liebaut said Belgium had asked the Serbs why they
were taking the step of submitting this resolution. The
Serbs responded that this was a way to move the Kosovo issue
from political center stage in Serbia to a legal process
which could take years. This would take domestic political
pressures off the current government. Liebaut, who had
served as Belgium's Ambassador both to Zagreb and Belgrade,
said that, although Serbia's President is not being
challenged, the government coalition itself is very
loosely-knit. The government will not be able to move
quickly with European integration and a need to appear
staunch on Kosovo could help balance domestic support for the
government. Liebaut concluded, "It is in our interests for
this government to survive."


4. (C) Belgium understands Serbia's political rationale and
believes that the Serbians are convinced of their
interpretation of the illegality of Kosovo's declaration. By
allowing Serbia to shift the issue into international legal
bodies, Serbia would have the leeway to work with the
international community and the EU on other important issues.
Liebaut called Tadic's approach "a smart maneuver" and "the
least damaging option." Belgium would hope that increased
Serbian integration into Europe over the coming years could
sideline the entire issue of Kosovo's independence.


5. (C) Belgium understands Serbia's position but does not
necessarily approve of the rationale. Belgium's legal
experts are not convinced that the Belgian government's
recognition of Kosovo may not have legal flaws. Indeed, the
MFA's Director General for Legal Affairs is skeptical about
the legal grounds for the government's decision.


6. (C) Nevertheless, the MFA has instructed its UN
delegation in New York not to approve Serbia's resolution.
Belgium will discuss the resolution with other EU
delegations. Liebaut acknowledged that there were clear
divisions on Kosovo within the EU. The September 1 European
summit will attempt to resolve those differences. Belgium
will review the positions within the EU and the general
consensus within the West to decide whether to vote against
the Serbian resolution or abstain.


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