JAPAN LEANING TOWARD SUBMITTING KOSOVO ICJ

C O N F I D E N T I A L TOKYO 000744 SIPDIS E.O. 12958: DECL: 04/02/2017 TAGS: AORC PREL ICJ JA KV SUBJECT: JAPAN LEANING TOWARD SUBMITTING KOSOVO ICJ ADVISORY OPINION REF: A. STATE 29385 ¶B. 03/18/09 JORDAN-SHIRATORI/WEINBERG E-MAIL Classified By: Charge d' Affaires, a.i. James P. Zumwalt. Reasons 1.4 (B) (D) ¶1. (C) Embassy Tokyo Political Officer delivered reftel demarche on engaging states on an ICJ opinion regarding Kosovo's independence to MOFA Central and South Eastern Europe Division Principal Deputy Director Yuichi Oba on April ¶1. Oba stated the Japanese government had not made a final decision on whether to submit an ICJ advisory opinion. Oba stressed, however, that Foreign Ministry officials were "working hard to move the issue forward," and that policy formulation within MOFA was "moving in the right direction." As a result, the United States "would not need to worry about Japan's position," he concluded. Oba could not say when Tokyo would make a decision but promised Japan's submission would be submitted by the April deadline. ¶2. (C) During a March 17 discussion on this issue (ref e-mail),Oba noted that Japan made a clear political statement of support for Kosovo at the time Tokyo offered recognition to Pristina. The ICJ brief, however, &must take into account the legal elements.8 He continued ¬hing prevents Japan from submitting a statement to the ICJ ) what is important is what kind of statement8 Japan submits. &The decision whether or not to submit a brief cannot be separated from the content of the brief itself,8 he continued. Tokyo has received input on possible elements of an ICJ brief from the UK, Germany, and France. ¶3. (C) Comment: During previous discussions on the Kosovo ICJ issue, Oba has referred to complications within MOFA,s internal decision-making process as another reason for the delay. He has nevertheless repeatedly tried to convey the impression Japan intends to submit a brief, even if MOFA,s internal procedures prevent Oba from actually saying so. As a result, the Embassy has a high degree of confidence that Japan does intend to submit an ICJ brief in support of Kosovo. End Comment ZUMWALT