KOSOVO: URGING INDONESIA TO REJECT REFERRAL TO ICJ

C O N F I D E N T I A L JAKARTA 001637 SIPDIS DEPT FOR EAP, EAP/MTS, EAP/MLS, EUR, EUR/SCE (SHIRATORI AND TOMLYANOVICH),IO, IO/UNP, L NSC FOR E.PHU E.O. 12958: DECL: 08/28/2018 TAGS: PREL PGOV UN ID KV SUBJECT: KOSOVO: URGING INDONESIA TO REJECT REFERRAL TO ICJ REF: STATE 91908 Classified By: Pol/C Joseph L. Novak, reasons 1.4(b+d). ¶1. (C) SUMMARY: Per reftel, poloff has urged GOI officials to reject a draft UNGA resolution asking the International Court of Justice (ICJ) to issue an advisory opinion on the legality of Kosovo independence. GOI interlocutors said they generally viewed questions of independence as political rather than legal matters. Indonesia would not, however, formulate a firm position until it had reviewed the draft resolution. END SUMMARY. ¶2. (C) On August 28, Poloff delivered reftel demarche re Kosovo to Riando Sembiring, Deputy Director for International Security and Disarmament Affairs--the office responsible for UN issues--at the Department of Foreign Affairs (DEPLU). During the meeting, poloff underscored that referring the matter to the ICJ could create renewed uncertainty in the Balkans. ¶3. (C) Poloff argued that Kosovo independence was a political issue, not a legal one. For that reason, the United States urged Indonesia to oppose a UN General Assembly resolution calling for an ICJ advisory opinion on the question. Poloff noted that an ICJ ruling on this matter could have implications for secessionist movements in other parts of the world. This point should concern Indonesia, as a country that has dealt with separatist movements in regions like Aceh and Papua, poloff noted. ¶4. (C) Sembiring responded that Indonesia had not yet formulated a position on the issue and would not do so until it had reviewed the draft resolution. That said, Indonesian officials were generally inclined to view questions of independence as political rather than legal issues. He acknowledged that the possible implications of an ICJ ruling for other matters linked with separatism would weigh heavily on the GOI as it considered the matter. HUME