VIETNAM LIKELY NOT TO &OBSTRUCT8 REQUEST FOR ICJ

C O N F I D E N T I A L HANOI 001013

SIPDIS

EUR/SCE SHIRATORI, TOMLYANOVICH

E.O. 12958: DECL: 09/04/2018
TAGS: PREL UN UNGA KV VM
SUBJECT: VIETNAM LIKELY NOT TO &OBSTRUCT8 REQUEST FOR ICJ
ADVISORY OPINION ON KOSOVO INDEPENDENCE

REF: STATE 91908

Classified By: POLCOUNS BRIAN AGGELER. REASONS 1.4 (B/D)


1. (C) On September 3, Deputy PolCouns met with MFA IO
Section Chief Do Hung Viet to convey U.S. concerns about
the prospect of a Serbian-sponsored UNGA resolution
requesting an advisory opinion from the International Court
of Justice on the lawfulness of Kosovo's declaration of
independence. Per reftel, DPolCouns emphasized that the
issue of Kosovo's independence is fundamentally a political
-- not a legal -- question, and while the United States
remains confident that there is no valid legal challenge to
Kosovo's declaration, bringing the matter to the ICJ would
only serve to complicate an already volatile situation.


2. (C) Viet responded that as a matter of general
principle, it was within the purview of the UNGA to request
an ICJ advisory opinion on any matter, and that it would
then be up to the Court to determine whether the issue lies
within its jurisdiction. And while Vietnam has not yet
developed a position on Serbia's resolution, Hanoi would
likely not want to be seen as an "obstacle" in the process,
Viet said. DPolCouns stressed that, general principles
aside, the decision whether to back Serbia's resolution is
a political question and urged Vietnam to consider
carefully the wider ramifications of such a move,
noting that the ICJ seldom deals with basic matters of
sovereignty, and that there was ample precedent for the
UNGA to refuse to support a request for an ICJ advisory
opinion. DPolCouns declined to speculate on possible
voting, but emphasized, per reftel, that even those
countries that have not recognized Kosovo's independence
might be concerned about the broader effects of an ICJ
opinion.
MICHALAK