VZCZCXRO4853
PP RUEHBZ RUEHIK RUEHPOD RUEHYG
DE RUCNDT #1129/01 3400020
ZNR UUUUU ZZH
P 060020Z DEC 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3272
INFO RUEHZG/NATO EU COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0212
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1117
RUEHBS/USEU BRUSSELS PRIORITY
RUEHPS/USOFFICE PRISTINA PRIORITY 1052

UNCLAS SECTION 01 OF 02 USUN NEW YORK 001129 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL UNMIK KV YI
SUBJECT: CAUTIOUS BAN SEEMS TO SUPPORT OUR KOSOVO BOTTOM 
LINES 
 
REF: SECSTATE 163405 
 
¶1. (SBU) Summary: On December 5, the Coordinating and 
Drafting Group minus Russia plus Portugal met with SYG Ban to 
discuss the way ahead on Kosovo in the post-Troika period. 
The group laid out the likelihood of a blocked Security 
Council and the need to find a status solution outside of the 
Council.  Ban responded in a cautious tone, but used language 
that seemed to indicate support for our bottom line outcome. 
Ban stated, inter alia, that he would consider "the possible 
actions of member states as well as possible counter actions 
by Serbia on the ground."  Ban also expressed readiness to 
deal with possible changes on the ground in a realistic way. 
Ban warned that he intended to transmit the Troika report in 
a "neutral tone in the interest of the international 
community" and so as to "preserve space for himself."  End 
summary. 
 
Meeting With SYG Ban 
-------------------- 
¶2. (SBU) Following a morning preparation meeting of the 
Coordinating and Drafting Group minus Russia plus Portugal 
where division of labor in speaking to Ban was determined and 
drawing on points in reftel, Khalilzad opened the group's 
meeting with SYG Ban noting that the Troika would be a 
failure and that we needed to discuss with Ban transmission 
of the Troika's report and other key actions, bearing in mind 
that the Security Council would likely not be able to find a 
solution but that the U.S. and key EU countries were 
determined to find a solution to Kosovo's status, perhaps 
outside of the UNSC.  Khalilzad explained that EU colleagues 
would address specific points with UK Permrep Sawyers 
discussing the transmittal letter, Portuguese Permrep 
Salgueiro touching on the EU issues and Italian Permrep 
Spatafora reviewing the December 19 UNSC meeting. 
 
¶3. (SBU) Sawyer's told Ban the group was sensitive to 
pressure that Russia was applying to Ban and did not want to 
damage his relations with a key member state, but suggested 
reasonable elements for a cover letter include: 1) the Troika 
has completed its work 2) recalling the CG statement that the 
status quo is not sustainable (so Ban would not have to say 
it himself directly) 3) reiterating the need to maintain 
peace in the region and 4) noting the UN will remain in touch 
with other organizations. 
 
¶4. (SBU) Salgueiro stressed to Ban that the December 14 
European Council statement in its final form would likely be 
strong and contain the following elements: 1) the Troika 
process has concluded 2) despite comprehensive efforts the 
Troika is exhausted 3) the parties must avoid statements that 
endanger security and also must refrain from violence 4) note 
the SYG's statement that the status quo is not sustainable 5) 
stress Kosovo is a sui generis case 6) underscore the EU is 
ready to play a leading role in strengthening stability in 
the region and in implementing a status settlement as well as 
to increase its preparations for an ESDP mission and 
contribution to an International Civilian Office 7) encourage 
Serbia to meet the necessary conditions to sign a 
Stabilization and Association Agreement. 
 
¶5. (SBU) Spatafora stated that he had received a letter from 
Serbian Permrep Jevremovic requesting that Prime Minister 
Kostunica participate in the December 19 UNSC meeting. 
Spatafora said that the Italian presidency would work to find 
a format that would accommodate the participation of both 
parties to the Troika process in the UNSC meeting.  Spatafora 
also forecast that the UNSC would prove to be deadlocked 
again as it was in July.  He told Ban that the question of 
Ban's own participation in the meeting was up to him. 
 
¶6. (SBU) SYG Ban responded that he would "transmit the Troika 
report quickly on December 10 in a neutral tone."  Ban stated 
that discussions with senior advisers made him believe this 
is in the best interest of the international community and 
that he needs to "keep space for himself in upcoming 
negotiations in a mutually acceptable way."  Ban reported 
that his legal advisers had convinced him that, absent other 
guidance from the Security Council, 1244 remains the basis 
for all actions of UNMIK and other entities in Kosovo.  Ban 
would seek to ensure that the UN is independent, promote the 
UN's long-term legacy in Kosovo and prevent a worsening of 
the situation on the ground.  Ban said he will also take into 
account the European Council statement and "the possible 
actions of member states as well as possible counter actions 
 
USUN NEW Y 00001129  002 OF 002 
 
 
by Serbia on the ground."  Ban added it might be necessary 
"to be ready to deal with possible changes on the ground in a 
realistic way."  Ban said he will be "in a listening mode on 
December 19" and "not prejudge what members or parties will 
say." 
 
¶7. (SBU) Ban asked if there was any possibility for further 
dialogue in the Council.  Special Adviser Veejay Nambiar 
asked whether there might be a further meeting on December 
21, to which Spatafora responded it looked likely that all 
discussion would end the same day.  Ambassador Khalilzad 
acknowledged to Ban that we did not want him to lose his 
ability to work with all sides, but stressed it was critical 
he include as many of our points as possible in his 
transmission letter.  Ban argued that he did not intend to 
give in to Russian pressure, but would act on his own 
judgment that is informed by a fair assessment from his 
political and legal advisers.  Sawyers added that the group 
had chosen to meet Ban in a format that includes all EU 
countries on the Council plus Portugal to emphasize that 
Europeans want to solve a problem that affects their region 
and for which they will pay the price if they can not, adding 
that "it is easy for those to criticize who have no stake." 
 
Comment 
------- 
¶8. (SBU) Ban has clearly become familiar now with many of the 
key arguments on Kosovo and was fairly well prepared for the 
meeting.  While his approach was much more circumspect than 
we might have hoped for, much of his coded phrasing seemed to 
be telling us that he supports US-EU bottom lines.  However, 
the game has just begun and we will need to keep up or apply 
greater pressure to influence Ban to take any bolder actions 
than he has planned or just to prevent any deterioration from 
where he is now.  Russian Permrep Churkin already made his 
next move when he told Khalilzad later in the day that he 
will argue against a meeting format that allows a Kosovar 
intervention during the December 19 Security Council meeting 
and insist on the previous format where the Kosovars are 
represented by SRSG Rucker. 
 
Participant List 
---------------- 
¶9. (U) 
 
UN: SYG Ban, U/SYG and Special Adviser Nambiar, U/SYG 
Guehenno, U/SYG Pascoe 
 
United States: Ambassador Khalilzad 
Italy: Ambassador Spatafora 
Germany: Ambassador Matussek 
Slovakia: Ambassador Burian 
UK: Ambassador Sawyers 
France: Ambassador LaCroix 
Belgium: Ambassador Verbeke 
Khalilzad