LUXEMBOURG ON BOARD WITH USG POSITION ON KOSOVO

C O N F I D E N T I A L LUXEMBOURG 000236 SENSITIVE SIPDIS DEPT FOR KOSOVO DESK OFFICER E.O. 12958: DECL: 09/04/2018 TAGS: PREL UN UNGA KV LU SUBJECT: LUXEMBOURG ON BOARD WITH USG POSITION ON KOSOVO ICJ RESOLUTION REF: STATE 91908 Classified By: Acting Deputy Chief of Mission Edward T. Boughter, for r easons 1.4 (b) and (d) ¶1. (C) SUMMARY: Poloff communicated reftel points to MFA Kosovo Desk Officer Jacques Thill on 5 September. Thill was very receptive to the USG position, saying that Luxembourg shares the USG position "100%." Thill added, however, that he suspects broad sensitivities regarding the International Court of Justice in general will lower the volume of an EU message. Thill said that the government of Luxembourg believes that a more muted approach to non-EU countries within the auspices of the United Nations could be the most successful tactic. END SUMMARY ¶2. (C) MFA Kosovo Desk Officer Jacques Thill acknowledged and accepted on 5 September the USG belief that Kosovo independence is a political, not a legal question. Poloff relayed USG confidence that there is no valid legal challenge to Kosovo's declaration of independence, and Thill responded that Luxembourg was equally convinced it was legally in the right, or it would not have recognized Kosovo's independence. ¶3. (C) Luxembourg's position being what it is, Thill acknowledged Serbia's right to petition the UNGA for such an advisory opinion. He agreed that sending this matter to the court would in all likelihood delay further recognition of Kosovo from the non-recognizers, possibly by as much as two years. Thill described the downside if either hypothetical opinion were handed down. If the ICJ were to rule that Kosovo's declaration was, in fact, illegal, where would that leave Luxembourg, the United States, and the remaining 44 countries who have already recognized Kosovo? On the other hand, were the ICJ to rule that Kosovo's declaration was legal, the Serbs would be left in a very precarious position. Thill suggested that the Serb government might fall as it has left itself no wiggle room for a future recognition of Kosovo. ¶4. (C) "Good multilateralists that we all are," Thill admitted that his government, like most in the EU, finds itself in a very sensitive situation because they support the ICJ and its activities, and Luxembourg does not believe it can publicly lobby against the Court. He indicated, however, that he believes there is some room for maneuver within the UN. Thill said he believes the EU will adopt a strategy to quietly convey the inherent risks and major implications on secession and self-determination in referring this issue to the ICJ. The best forum for doing this, Thill added, was on the margins of the UNGA, where the EU will have greater access to representatives of those countries who have yet to recognize Kosovo and may be most susceptible to movement on the issue. WAGNER