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. .