DEMARCHE: SERBIA'S PLANS FOR A NEW DRAFT UNGA

C O N F I D E N T I A L SECTION 01 OF 02 STATE 009661 SIPDIS E.O. 12958: DECL: 01/29/2020 TAGS: PGOV PREL KV SR SUBJECT: DEMARCHE: SERBIA'S PLANS FOR A NEW DRAFT UNGA RESOLUTION ON KOSOVO REF: A. BELGRADE 3 ¶B. STATE 1174 Classified By: EUR A/S Philip H. Gordon for reasons 1.4 (b) and (d). ACTION REQUEST: See paras 4 and 5. ¶1. (C) SUMMARY AND ACTION REQUEST: Media and Embassy Belgrade reporting (ref A) indicate the Serbian government is considering a draft UN General Assembly (UNGA) resolution calling for reopening Kosovo status talks between Pristina and Belgrade when the UNGA considers the International Court of Justice (ICJ),s advisory opinion on Kosovo's February 2008 declaration of independence, expected this spring/summer. Key EU partners France, Germany, Italy, and the UK have informed us that they plan to approach the Serbian government separately to warn Belgrade against pursuing this course. Washington supports this effort to convince President Tadic and the Serbian government to use this occasion to adopt a less confrontational approach on Kosovo. Drawing on points in para 5, Embassy Belgrade is requested to demarche host government to raise our serious concerns about Belgrade's plans. Post may wish to coordinate timing and delivery of this message with Quint partners; Balkan directors agreed that demarches would be made separately but in unison. END ACTION REQUEST. BACKGROUND -------------- ¶2. (C) In his September 2008 meeting with then-Secretary Rice, Serbian FM Jeremic claimed that Serbia's ICJ strategy was merely a smart diplomatic and political move that would allow the Serbian government to get beyond the Kosovo issue and focus on domestic reforms and Euro-Atlantic integration. The ICJ case would allow the government to keep its campaign promise to fight for Kosovo without engaging in more aggressive actions. Embassy Belgrade (ref A) and media reports indicate that Serbia is now considering tabling a new draft UN General Assembly resolution calling for reopening Kosovo status talks between Pristina and Belgrade soon after the International Court of Justice (ICJ) announces its opinion on Kosovo's February 2008 declaration of independence. Secretary Clinton, in her December 2009 meeting with Jeremic (ref B),urged Belgrade to find a way to shift its foreign policy focus away from Kosovo after the ICJ renders an opinion. ¶3. (C) In ref A, Embassy Belgrade notes that there may be a split in the Serbian government over how to proceed following the issuance of an opinion by the ICJ, with Jeremic leading those who wish to continue to press the Kosovo issue in international fora. Washington agrees with EU partners France, Germany, Italy and the UK that now is the right time to warn Serbia of the repercussions of pursuing this strategy and to encourage Belgrade to focus instead on its EU integration efforts in the post-ICJ period. ACTION REQUEST -------------- ¶4. (C) Post is requested to raise this issue with the appropriate Serbian government officials, including in President Tadic's office, as soon as practicable, drawing on the objectives in para 5. Please report delivery and the Serbian government response by February 5. France, Germany, Italy, and the UK also plan to deliver similar points with Belgrade; Washington would appreciate any readout that Embassy Belgrade receives on their discussions with the Serbian government. POC for this request is EUR/SCE Senior Serbia Desk Officer Calvin Peterson, email PetersonCD@state.gov or PetersonCD@state.sgov.gov. ¶5. (C/REL BELGRADE) Key Objectives: -- Underscore our serious concern over reports that the Serbian government is considering tabling a draft resolution at the UN General Assembly (UNGA) calling for reopening Kosovo status talks between Pristina and Belgrade soon after the International Court of Justice (ICJ) issues its advisory opinion on Kosovo's February 2008 declaration of independence. -- Urge Belgrade against this action, and note that the United States and key European partners will have no choice STATE 00009661 002 OF 002 but to oppose it. -- Reiterate U.S. support for Serbia's EU membership aspirations. Our EU partners tell us that Belgrade's application will be judged on the merits. We are concerned, however, that Belgrade will hinder its EU membership application if it continues to press to reopen Kosovo's status. To move forward on its European integration aspirations, Serbia must find a way to get past the Kosovo issue, particularly after the ICJ issues an opinion. -- Note that, as Vice President Biden told President Tadic in May 2009, we are not asking Serbia to recognize Kosovo. We urge Belgrade to cease attempts to contest Kosovo,s status, including by lobbying against recognitions or pursuing unhelpful actions in international organizations, after the ICJ renders its opinion. -- Urge the Serbian government to re-engage on practical issues in Kosovo as soon as possible once the ICJ has rendered its opinion so that Belgrade can focus on moving forward on the EU integration process. -- Emphasize that Serbia needs to focus on finding ways to co-exist with an independent Kosovo. Belgrade must be more cooperative on Kosovo, including on practical issues such as judges, customs, electricity and participation in regional fora. -- On regional fora: Stress that Serbia should accept a compromise that would allow the inclusion of Kosovo. Serbia,s block of Kosovo,s participation in regional organizations/meetings is creating stalemate on issues across the board (e.g., CEFTA, a transport treaty). Serbia must come to a mutual compromise with Kosovo on conditions for Kosovo,s participation, to include requirements for Kosovo name tags, representation, and signature. -- Emphasize that Serbia needs to demonstrate that it can establish and maintain good neighborly relations with all its neighbors in South Central Europe in order to advance its European aspirations and assume a constructive leadership role in the region. CLINTON