VZCZCXRO9568
PP RUEHBZ RUEHIK RUEHPOD RUEHYG
DE RUCNDT #1208/01 3601503
ZNR UUUUU ZZH
P 261503Z DEC 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3413
INFO RUEHZG/NATO EU COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0220
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1122
RUEHPS/USOFFICE PRISTINA PRIORITY 1058

UNCLAS SECTION 01 OF 04 USUN NEW YORK 001208 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC KV UNMIK YI
SUBJECT: SECURITY COUNCIL DIVIDED ON KOSOVO, BUT IS IT 
BLOCKED? 
 
REF: USUN 1204 
 
¶1. (SBU) SUMMARY.  In a December 19 UN Security Council 
session, Serbian PM Vojislav Kostunica called for open-ended 
negotiations on Kosovo's future political status, insisting 
that any other means of resolving the issue would violate 
UNSCR 1244 and the UN Charter.  Kosovo President Sejdiu 
declared that Kosovo was not seeking an ethnically-based 
succession but the final chapter in the break-up of 
Yugoslavia.  Ambassador Khalilzad characterized the Council 
as deadlocked about the way forward on Kosovo with no 
prospect of consensus unless Russia were to reconsider its 
rejection of the proposal of UN Special Envoy Ahtisaari. 
Supporting Serbia's call for continued talks, Russia 
circulated draft elements for a Security Council Presidential 
Statement on Kosovo calling for further negotiations and the 
development of a settlement "roadmap" to include benchmarks 
towards "Euro-integration" for both parties.  Slovakia said 
further negotiations would be futile and cited UNSCR 1244 as 
an adequate basis for deployment of an EU rule-of-law 
mission, but added that a Kosovo declaration of independence 
without Security Council sanction would be problematic. 
 
¶2. (SBU) SUMMARY CONTINUED.  Several Council members spoke 
favorably of both the Ahtisaari proposal and the desirability 
of a negotiated settlement.  UN Secretary-General Ban Ki-moon 
arrived at the session after Kostunica and Sejdiu had 
completed their presentations; he did not take the floor. 
Several representatives stepped outside to make national 
statements to the press during the session. EU members (UK, 
France, Belgium, Slovakia) joined the German PermRep and 
Ambassador Khalilzad in presenting a joint statement 
characterizing Belgrade-Pristina differences as 
irreconcilable and reiterating that the EU stands ready to 
play a leading role in Kosovo.  The Security Council is 
scheduled to next consider Kosovo on January 8 when UNMIK 
provides its quarterly briefing.  END SUMMARY. 
 
ATMOSPHERICS 
------------ 
 
¶3. (SBU) When a majority of Security Council members insited 
on hearing the comments of Kosovo leadership about the 
U.S.-EU-Russia Troika report on Belgrade-Pristina 
negotiations on Kosovo's final status, Russia dropped its 
usual opposition to Kosovar participation.  Fatmir Sejdiu, 
president of Kosovo's provisional institutions of 
self-government, was therefore invited, over the strong 
objection of the Government of Serbia, to address the Council 
in a personal capacity under rule 39 of the Council's 
provisional rules of procedure.  Thirty-nine members of the 
UN General Assembly subscribed to observe the December 19 
session.  UN Undersecretaries of peacekeeping operations and 
political affairs, Jean-Marie Guehenno and Lynn Pascoe 
respectively, also attended. UN Secretary-General Ban Ki-moon 
arrived in the Council after Serbia and Kosovo had completed 
their presentations; he did not take the floor.  Italian 
Foreign Minister Massimo D'Alema chaired the session as 
holder of the Council presidency for December. Slovakian 
Foreign Minister Jan Kubis presented his country's 
intervention.  The session was closed to the public and the 
media.  President Sejdiu and Kosovo political leader Hashim 
Thaci arrived before the Serbian delegation and were seated 
in the audience section of the Council's formal hearing room 
when Prime Minister Kostunica and entourage entered. 
Although the Serbs exchanged pleasantries with several 
delegations and passed within a few feet of the Kosovars, no 
Serbia-Kosovo greetings were exchanged. 
 
Kostunica: Tough, Legalistic Message 
------------------------------------ 
 
¶4. (SBU) Speaking in English, PM Kostunica told Council 
members that "the fate of my country is in your hands."  He 
charged that independence for Kosovo without the agreement of 
Serbia "would be a violation of the UN charter" that would 
devalue the charter itself to the point where it would risk 
being ignored in the future, putting in jeopardy peace and 
stability around the world.  He appealed for the Security 
Council to stand behind UNSCR 1244 rather than "retracting 
its words and disassembling Serbia."  He claimed that the 
Ahtisaari plan "no longer exists" because "how could a plan 
rejected by the Security Council be the basis for valid 
resolution of the Kosovo question."  He mocked those who call 
the Kosovo situation sui generis, asking "what comfort can 
there be in saying that the UN charter will be violated only 
once?"  To those who suggest that two years of negotiations 
 
USUN NEW Y 00001208  002 OF 004 
 
 
were enough, he said "when did two years become the statute 
of limitations on negotiations," and asked rhetorically 
whether negotiations on all conflicts that have lasted more 
than two years should now be considered concluded. 
 
¶5. (SBU) Pre-emptively rejecting any Kosovo unilateral 
declaration of independence (UDI), Kostunica warned that 
Serbia would consider all agreements related to Kosovo to be 
void after a UDI and that Kosovo would then forever remain 
part of Serbia.  He said Serbia "would continue respecting 
international law and would never recognize Kosovo" after a 
UDI.  He expressed confidence that many UN members would 
follow suit and "consider Kosovo an illegally created puppet 
entity." 
 
Sejdiu: First Appearance Before The UNSC 
---------------------------------------- 
 
¶6. (SBU) Speaking in Albanian, Kosovo's President Sejdiu said 
Kosovo had been frustrated by the months of final status 
talks because Belgrade had insisted all along that only one 
outcome -- autonomy within Serbia -- was allowed under UNSCR 
¶1244.  He said that Kosovo was not seeking an ethnically 
based succession but the final chapter in the violent breakup 
of Yugoslavia that had introduced the world to the concept of 
ethnic cleansing.  He emphasized that lack of political 
status was stunting Kosovo's development by chilling foreign 
investment and blocking access to international financial 
institutions.  He praised UNMIK for allowing Kosovo time to 
build its institutions and praised the potential of the 
Ahtisaari proposal to stabilized the region.  He assured the 
Council that Kosovo remains prepared to support and implement 
all aspects of the Ahtisaari proposal -- including its call 
for international presences and its far-reaching protections 
for minorities and cultural sites. 
 
Slovakia Walks a Tightrope 
-------------------------- 
 
¶7. (SBU) FM Kubis spoke for Slovakia, saying neither side had 
yielded on sovereignty in the Troika talks and it is hard to 
imagine that more negotiations would lead to a different 
conclusion.  Citing UNSCR as an adequate basis for launching 
the Ahtisaari vision of an EU rule of law mission, Kubis 
confirmed Slovakia will both participate in the mission and 
increase its presence in KFOR.  He said Slovakia is convinced 
that the Kosovo status quo is not sustainable but is 
nonetheless concerned about a possible UDI.  He urged the 
Security Council to remain seized with the issue. 
 
Ambassador Khalilzad Challenges Russia to Show Statesmanship 
--------------------------------------------- --------------- 
 
¶8. (SBU) 12. (SBU) Ambassador Khalilzad set the issue of 
Kosovo's status in the context of a fifteen-year history of 
Balkan conflicts, saying that the ethnic cleansing of 
Milosevic had forever ensured that Kosovo could not return to 
rule by Belgrade.  He stressed that the parties positions are 
irreconcilable, the status quo unsustainable and the Security 
Council deadlocked, leaving implementation of the Ahtisaari 
proposal as the only reasonable option left to the 
international community.  Speaking directly across the 
Council's horseshoe table to the Russian delegation, 
Khalilzad said: "I would like to say to my friend Ambassador 
Churkin, we respect the position of Russia and wish we could 
have come to an agreement, but we have not. We call on you 
one last time to embrace the Ahtisaari proposal.  We need 
statesmanship to move forward on our common goal of a stable 
and secure future for Europe." 
 
¶9. (SBU) Ambassador Khalilzad also directly corrected PM 
Kostunica's claim that the Council had rejected the Ahtisaari 
proposal, saying "that proposal enjoyed broad support, 
including from the EU, NATO, the UN Secretary-general and, 
Mr. Kostunica, an overwhelming majority of Security Council 
members. It was not rejected by the Council."  The Ambassador 
also called Serbia's December 10 opening of a government 
office in northern Kosovo a provocation and a violation of 
resolution 1244.  He said "this office should be closed and 
no others should be opened."  The Ambassador closed by 
assuring Council members that implementation of the Ahtisaari 
proposal would be consistent with international law and UNSCR 
in particular. (text of Amb. Khalilzad's statement is posted 
on USUN's website). 
 
Other EU Members Support Ahtisaari 
---------------------------------- 
 
USUN NEW Y 00001208  003 OF 004 
 
 
 
¶10. (SBU) Belgian Permrep Verbeke said there is no common 
ground that would allow a negotiated solution.  Referring to 
the prospect of continued negotiations, he said "there is no 
point in continuing to refer to an expedient in which no-one 
believes."  UK Permrep Sawyers reminded Council members that 
the settlement of the Kosovo war had compelled Belgrade to 
accept the transfer of legal authority in Kosovo to the 
United Nations and that this historical fact convinces the UK 
that Kosovo is a sui generis case.  Italy's D'Alema agreed 
that the potential for negotiations is exhausted because the 
positions of the parties are diametrically opposed, adding 
that the EU is ready to take on major responsibilities in 
Kosovo.  French Permrep Ripert stated that he remained 
convinced there is no better solution for Kosovo than 
Ahtisaari's proposal. 
 
Russia Shows No Flexibility 
--------------------------- 
 
¶11. (SBU) Russia's Churkin asked sarcastically whether eight 
years as a UN protectorate legally qualified Kosovo for 
independence.  He agreed that the status quo is unsustainable 
but quickly added "that doesn't mean the only way forward is 
imposition of the view of one party."  He reminded Council 
members that several Security Council-endorsed documents, 
including the Guiding Principles of the Contact Group, had 
called for a compromise solution for Kosovo.  He noted the 
readiness of Belgrade to continue to negotiate and said the 
comments of several members clearly expressed concern about a 
non-negotiated solution.  Churkin charged that in some cases 
involving "their own vital interests" the U.S. and European 
countries were prepared to allow conflicts "to go on for 
decades with thousands of deaths," and asked why Kosovo had 
to be resolved immediately.  He charged that a UDI "would be 
a gross violation of UNSCR 1244," obliging the UN Secretariat 
to counter it.  He told Council members that Kosovo is not 
unique and suggested a UDI could set off a dangerous chain 
reaction in any region in the world where there is separatism 
and religious conflict.  As Secretariat staff distributed a 
Russian paper entitled "Key Elements for a Security Council 
Presidential Statement on Kosovo," Churkin said Russia was 
proposing what he called "a constructive alternative of 
continued negotiations guided by a roadmap based on 1244." 
(NOTE. Russia has not called for an experts' meeting on the 
draft text or otherwise activated its consideration by the 
Security Council. END NOTE.) 
 
Remaining Council Members Show Too Much Flexibility 
--------------------------------------------- - 
 
¶12. (SBU) Chinese Permrep Wang stated that the best solution 
is to help the parties find a mutually acceptable solution 
through compromise.  He argued that "despite Kosovo's 
specific nature, any settlement will inevitably have 
repercussions on the international level."  Wang said 
although there has not been a breakthrough, the potential for 
a solution is not exhausted. Peruvian Permrep Voto-Bernales 
pointed to the unique history of Yugoslavia and the growing 
expectation for independence in Kosovo as factors that should 
be considered.  "There are two deadlocks," he said ", one 
between the parties and one among countries in the Council. 
He said Peru supports "solutions taken by countries in the 
region where the problem in question is occurring." 
Panamanian Permrep Arias expressed concern about consequences 
for the region and the world of a non-negotiated solution. 
Indonesian PermRep Natalegawa said the Council should send a 
message that it is united to resolve Kosovo's final status 
and suggested the Council needs to make sure any decision it 
makes is in line with the UN charter and basic principles of 
international law and avoid making "perilous precedents." 
Qatar's Permrep Al-Nasser said both parties should offer 
realistic solutions and avoid violence.  Ghana's PermRep 
Christian said we must encourage the parties to negotiate and 
encourage no provocative acts.  South African Deputy Permrep 
Sangqu noted that the historical context of Kosovo was 
undeniable, but that was all the more reason that we needed a 
solution in line with international law.  Congo's 
representative stated that the status quo cannot last but 
insisted that only a solution deriving from negotiations 
would not set a difficult precedent. 
 
¶13. (SBU)  No further Council sessions have been scheduled on 
the Troika report.  The Council next considers Kosovo in the 
context of the regular quarterly UNMIK briefing on January 8. 
 
 
 
USUN NEW Y 00001208  004 OF 004 
 
 
 
 
 
Khalilzad