GUIDANCE FOR AMBASSADOR KHALILZAD'S MEETING WITH

UNCLAS STATE 080111 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: UNSC PREL UNMIK KO SUBJECT: GUIDANCE FOR AMBASSADOR KHALILZAD'S MEETING WITH SERBIAN FM ¶1. (SBU) This is an action request for USUN. We understand Ambassador Khalilzad will meet with Serbian FM Jeremic on July 25. The points in paragraph 3 summarize the Quint PolDirs recent agreement and touch on key aspects of our bilateral relationship. ¶2. (SBU) BACKGROUND: Serbia,s new government is making the right moves in some areas ) the arrest of war criminal Radovan Karadzic is notable ) but remains obstinate on Kosovo. Although many of the GoS leaders have expressed a desire to change and soften Serbia,s Kosovo policy, FM Jeremic in particular is unwilling to break from the previous government,s policies. Jeremic is opposed to restoring normal relations with the US ) he would not entertain the USG offer of an official high-level meeting on July 25. He has maintained strong public opposition to the deployment of EULEX without a new UNSC. Belgrade has done little thus far to rein-in Serb hardliners in Kosovo. Jeremic is also committed to Serbia,s pursuit of an UNGA referral to the ICJ ) a damaging act which we and EU leaders have warned him against. The notorious case of a Serb who beat a fellow SUNY Binghamton student unconscious and then fled from a New York court with the help of Serbian consular officials is a new but major problem in bilateral relations. While we remain hopeful for continued improvement in U.S. ) Serbian relations under the new government, Jeremic personally is complicating the effort. ¶3. (SBU) POINTS FOR USE WITH FM JEREMIC: -- Congratulations on Karadzic,s capture. A bold move that is already paying dividends for Serbia. No doubts about the political will on this issue, but you still need to arrest Mladic and Hadzic to close this unfortunate chapter. -- The U.S. looks forward to continuing to improve relations with the new government in Belgrade. We have placed no obstacles on bilateral contacts or agenda so the ball is in your court. -- We acknowledge both the importance of Kosovo for many Serbs and your principled position on Kosovo,s status. We do not ask that Serbia change its formal position on Kosovo; -- You must accept, in turn, that we have recognized Kosovo as an independent state; and that the majority of members of the EU, the Council of Europe, the OSCE and the UN Security Council share this position; more countries will join this position over time. -- We do not want Kosovo to damage our overall relationship. We want to help you move Serbia forward, including toward membership in Euro-Atlantic institutions. -- Serbia needs to shift away from the confrontational policies of the Kostunica government and shift to cooperation with the international community. We should put our disagreement on status to one side and work together to build peace and security in Kosovo in the interest of all its people and to move the whole region toward the EU. -- For example, our EU partners have spoken to you about EULEX. Delaying or opposing EULEX deployment could seriously worsen the security climate and possibly trigger refugee flows. UNSYG Ban has made it clear that the UN accepts EULEX )- you therefore have cover to stand down on this issue. Similarly, we would like Belgrade to give more scope to moderate Serbs in Kosovo to pursue a policy of cooperation with Pristina, not confrontation. ICJ --- -- You have told us that you believe that seeking an ICJ Advisory Opinion through the General Assembly will be helpful, by moving our differences on Kosovo from the political to the legal sphere. We strongly believe this approach is misguided and will backfire. It will prolong uncertainty and undermine security on the ground and keep Kosovo as prominent and divisive issue in Serbia and internationally. -- Pursuing the ICJ option also will have negative consequences for our relations and your progress toward Euro-Atlantic integration. It would set Serbia directly at odds with all the countries that have recognized Kosovo. It also risks distracting us all from pursuing initiatives designed to help the region,s European integration; -- Frankly, the ICJ is unlikely to validate your position if this matter comes before the Court. So we strongly urge you to bear in mind the full consequences of this course of action before taking any final decision. U.S. bilateral ties -------------- -- The case of Serb fugitive Miladin Kovacevic is complicating our relationship. You know that key members of Congress feel as strongly about this as we do. This controversy will not go away or subside. It would not have happened but for the acts of a Serbian government official. We know your Consul,s acts were not authorized by your government, but nevertheless, we expect you to help resolve this issue. Kovacevic should return to the United States. Your representatives told our court that he would appear at trial. His legal position becomes much worse if he is still a fugitive on Aug. 1. -- The U.S. is serious about cooperation with Serbia and is looking to move ahead with you. Now that you have won the election, we hope you will help improve our relations; lead rather than parrot the tired, discredited, Kostunica view. The Serbian people want change and integration and you can deliver it. We need you to work with us positively, as your future partners, if we are to help you to achieve your government's stated goals. ¶4. (SBU) For further information, please contact IO/UNP John Mariz (202-647-0048, marizjc@state.gov) or EUR/SCE David Schroeder (202-647-0310, schroederd@state.gov). RICE