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