Identifier
Created
Classification
Origin
08STATE108132
2008-10-08 23:52:00
UNCLASSIFIED
Secretary of State
Cable title:  

GUIDANCE ON KOSOVO INDEPENDENCE/ICJ REFERRAL

Tags:  UNGA PREL KJUS KO 
pdf how-to read a cable
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DE RUEHC #8132 2822357
ZNR UUUUU ZZH
O 082352Z OCT 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 3439
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
ALL NATO POST COLLECTIVE IMMEDIATE
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 3465
RUEHPS/AMEMBASSY PRISTINA IMMEDIATE 4775
RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 0881
RUEHNO/USMISSION USNATO IMMEDIATE 9852
RUEHVEN/USMISSION USOSCE IMMEDIATE 4415
RUEHBS/USEU BRUSSELS IMMEDIATE
UNCLAS STATE 108132 

SIPDIS

E.O. 12958: N/A
TAGS: UNGA PREL KJUS KO
SUBJECT: GUIDANCE ON KOSOVO INDEPENDENCE/ICJ REFERRAL
IN THE UNGA

UNCLAS STATE 108132

SIPDIS

E.O. 12958: N/A
TAGS: UNGA PREL KJUS KO
SUBJECT: GUIDANCE ON KOSOVO INDEPENDENCE/ICJ REFERRAL
IN THE UNGA


1. The Department instructs USUN to vote against the
resolution introduced by Serbia to refer a question on
Kosovo's declaration of independence to the International
Court of Justice, scheduled for debate in the UN General
Assembly on October 8. USUN should encourage another
country to call the vote; however, USUN is authorized to
call the vote if no other country is willing to do so.
USUN should draw on the following points in its
explanatory statement before the vote, and, as
appropriate, during any debate.


2. Begin points:

-- Mr. President:



-- After years of war, of post-communist transition and
deep hardship and suffering, in election after election,
the people of the Balkans, including voters in Kosovo and
Serbia, have spoken. They reject the destructive
nationalism that brought them such misery in the 1990s.
They seek a cooperative and collaborative future for
themselves as integrated, prosperous citizens of Europe.

-- Under the leadership of a democratically-elected,
multi-ethnic government, the Republic of Kosovo today is
at peace. The government in Pristina has scrupulously
followed the Comprehensive Proposal for the Kosovo Status
Settlement, as developed by the Secretary-General's
Special Envoy. It has adopted a far-reaching Constitution
and enacted 41 pieces of legislation to implement the
Comprehensive Proposal. These include specific provisions
that protect the rights of all ethnic minorities as well
as Kosovo's unique religious and cultural heritage.
Kosovo's government has also acted with vision and
restraint in seeking strong relations with all its
neighbors, including Serbia.

-- The United States firmly believes that our common
concern should be to focus our efforts precisely to help
shape such a future. Specifically we are extending
economic and political support to both of these
countries. We hope they will integrate further into
international markets and structures that will guarantee
peace and prosperity for all of the region's people.

-- We do not think this resolution advances that goal, nor
do we think it appropriate or fair to the Court to ask it
to opine on what is essentially a matter -recognition of
independence -- that is reserved to the judgment of member
states. We ask other members to consider the potential
consequences if some other members were to seek
determinations of the legality of their own declarations
of independence or if separatist movements in their
country were to seize upon language in any opinion the
Court might render to bolster their own claims to
independence. It is for these reasons that we oppose this
referral. If
this resolution nonetheless moves forward, we hope that,
as a matter of equity, the Court will agree to hear from
the states most directly interested in this matter, Serbia
and Kosovo, on an equal footing as well of course to hear
from the many other states that can be expected to make
contributions to the Court's consideration of the case.

-- In conclusion, the United States welcomes and supports
the remarkable progress in Kosovo and the region toward
building a stable, multiethnic democracy and laying the
groundwork for growth and development. The United States
also welcomes the elections in Serbia of a President and
parliament focused on the country's future and committed
to Euro-Atlantic integration. Although we may disagree
with Serbia on the issue before us today - both on
principle concerning the reservation to member states of
determinations concerning independence and on the utility
of this step in the current context in the Balkans --,
the United States, will work closely with Serbia and all
of the
countries in South Central Europe to advance our shared
vision of a Europe whole, free and at peace.
RICE