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PP RUEHIK RUEHPOD RUEHTRO RUEHYG
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P 202203Z FEB 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 3775
INFO RUEHZG/NATO EU COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHBW/AMEMBASSY BELGRADE PRIORITY 0237
RUEHMO/AMEMBASSY MOSCOW PRIORITY 1152
RUEHBS/USEU BRUSSELS PRIORITY
RUEHNO/USMISSION USNATO PRIORITY 1498
RUEHPS/USOFFICE PRISTINA PRIORITY 1152

UNCLAS SECTION 01 OF 04 USUN NEW YORK 000162 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL UNMIK YI UNSC
SUBJECT: PRESIDENT TADIC PROTESTS "HISTORIC INJUSTICE" OF 
KOSOVO INDEPENDENCE BEFORE UNSC 
 
 
¶1. (SBU) Summary. In a public meeting of the Security Council 
on February 18, SYG Ban said the situation on the ground in 
Kosovo remained calm following of the February 17 declaration 
of independence.  Ban said he would continue to view UNSCR 
1244 as the basis for UNMIK's operations, but may be required 
to make adjustments on the ground in reaction to changing 
events.  Serbian President Tadic protested the DI as a 
violation of UNSCR 1244 and the sovereignty and territorial 
integrity of Serbia, calling it "an historic injustice" and 
declaring that Serbia will never recognize Kosovo.  Tadic 
charged that recognition of Kosovo by EU countries on the 
Security Council was "not a friendly act" and "not helping 
Serbia's European future."  In national statements, the U.S., 
UK and France said that they had already recognized Kosovo, 
and Belgium and Italy expressed intent to recognize.  Costa 
Rica surprised Council members ny announcing an intent to 
recognize Kosovo.  Russia vowed to continue to recognize 
Serbia as including Kosovo.  South Africa, China, Indonesia 
and Vietnam all either expressed opposition to or significant 
concerns regarding Kosovo's DI.  Libya and Panama understood 
Kosovo's independence is a reality but insisted it should not 
be a precedent.  Burkina Faso voiced regret that a compromise 
solution had not been possible.  End Summary. 
 
¶2. (SBU) In a public, televised emergency session on February 
18, the Security Council considered Kosovo's December 17 
declaration of independence.  Secretary-General Ban Ki-moon 
briefed, Serbian President Tadic spoke, and each Council 
member intervened. Sixty-one UN member states observed the 
session.  UN undersecretaries Jean-Marie Guehenno 
(Peacekeeping Operations) and Lynn Pascoe (Political Affairs) 
also attended.  The Secretary's Special Representative for 
Kosovo, Ambassador Frank Wisner, joined the U.S. delegation. 
 
 
SYG Ban Remains Solid With A Cautious, Factual Message 
--------------------------------------------- --------- 
 
¶3. (SBU) In a briefing that largely reiterated points he had 
made in a February 17 closed session of the Council, SYG Ban 
stated that on February 17 Kosovo authorities had issued a 
declaration of independence (DI) following a resolution 
passed by the Kosovo Assembly by a unanimous vote of 109 
deputies, with 10 ethnic Serb deputies not participating. 
Ban reported that the post-DI situation in Kosovo was calm 
with peaceful celebrations by Kosovo Albanians and peaceful 
protests by Serbs in North Mitrovica.  He noted there had 
been several explosions in the northern Kosovo, but no 
casualties.  Ban informed the Council that he had received a 
letter from President Tadic saying Kosovo's DI will have no 
legal effect and said he "took note" of a letter from the 
EU's Solana informing him of the EU's decision to deploy the 
"EULEX" rule of law mission and to appoint an EU special 
representative. 
 
¶4. (SBU) Ban said Kosovo's DI could have a significant 
operational effect on UNMIK and there might accordingly be a 
need to "adjust" UNMIK, pending Security Council guidance. 
He said he would continue to view UNSCR 1244 as the basis for 
UNMIK's operations pending any other guidance from the 
Council.  He said he will act realistically and concretely 
and be ready to react to the situation on the ground in 
keeping with UNMIK's past practice and the UN's overriding 
objective of upholding peace and security in the region. 
 
President Tadic Protests Kosovo's "Illegal Declaration" 
--------------------------------------------- ---------- 
 
¶5. (SBU) In an emotional address in Serbian, President Tadic 
denounced Kosovo's "illegal declaration of independence" as a 
"flagrant violation of 1244."  He reminded all that Serbia is 
a founding member-state of the UN and charged that if "a 
small, peace-loving and democratic country can be deprived of 
its territory illegally and against its will, historic 
injustice will have occurred."  He declared that the Serbian 
state had been born in Kosovo and is "a central part of our 
identity."  He insisted that Kosovo's DI "annuls 
international law, tramples upon justice and enthrones 
injustice."  Some point to Milosevic's actions as the reason 
Serbia must lose Kosovo, Tadic said, but Milosevic has been 
gone for years and Kosovo was not granted independence in 
1999 when Milosevic was still in power.  He alleged that for 
eight years UNMIK had done nothing to help Serbs in Kosovo 
and that if the DI is allowed to stand, the Security Council 
 
USUN NEW Y 00000162  002 OF 004 
 
 
will lose all authority.  He asked that the Council and Ban 
instruct SRSG Rucker to void Kosovo's DI and dissolve the 
Kosovo Assembly and said Serbia is taking its own diplomatic 
and political measures to prevent the secession of Kosovo. 
He pledged, however, that Serbia will not respond violently. 
Serbia will never recognize Kosovo and that Kosovo will stay 
part of Serbia forever, he said. 
 
¶6. (SBU) Taking the floor a second time after member states 
had intervened, Tadic warned that other Council members could 
suffer Serbia's fate and pledged to defend "all small 
countries whose sovereignty and territorial integrity are 
threatened."  He said the Ahtisaari Plan would rob Kosovo of 
part of its identity and had no legitimacy, especially in 
parts of Kosovo with majority Serb populations.  He claimed 
he had extended apologies to all Balkan countries, but was 
still waiting for apologies for crimes committed against 
Serbia.  He argued that "each state that recognizes Kosovo 
legalizes the expulsion of Serbs from their homes."  Looking 
in the direction of Croatian Permrep Jurica, Tadic said 
"Croatia is a member of the Security Council," and asked that 
all members work to "help integrate the Balkans and not 
create new conflicts."  He also wanted EU members to know 
that their recognition of Kosovo was "not a friendly act" and 
they were "not helping the European future of Serbia, but 
destabilizing the whole region." 
 
Russia: Will Continue To Recognize Kosovo "Within 
Internationally Recognized Borders" 
--------------------------------------------- ------- 
 
¶7. (SBU) Russian Permrep Churkin said he understood the 
reaction of Serbia and supports Belgrade's "legitimate demand 
to restore the territorial integrity of the country."  He 
said Russia will continue to recognize Serbia within its 
"internationally recognized borders" and that Kosovo,s DI 
violated Serbia's territorial integrity, the UN charter, 
UNSCR 1244, the Helsinki Final Act and the constitutional 
framework agreement.  He said the SYG and SRSG should 
continue to carry out functions assigned in line with UNSCR 
1244, including standards implementation.  He called for the 
situation in Kosovo to be returned to the pre-DI status quo 
and voiced concern for Kosovo's ethnic Serbian 
municipalities.  He said Russia will consider it unlawful for 
the international presences in Kosovo to carry out 
"repressive measures" against non-Albanians who do not accept 
the DI, also warning Kosovo authorities against such 
measures.  Churkin alleged that the EU's deployment decision 
is not in line with 1244 and that the EU mission cannot be 
part of the international civil presence in Kosovo under 
UNSCR 1244.  He warned that the DI and those who support it 
are creating a dangerous precedent. 
 
China, Indonesia, Vietnam and South Africa Join Russia In 
Hard-core Opposition To DI 
--------------------------------------------- ------ 
 
¶8. (SBU) Chinese Permrep Wang expressed support for the 
Serbian and Russian requests for an emergency session.  Wang 
stated that China is concerned by Kosovo's DI and has always 
believed that dialogue is the best solution and opposed 
unilateral acts.  He said UNSCR 1244 remains the basis for 
the Kosovo question and stressed that the UN Charter says the 
sovereignty and territorial integrity of UN members must be 
preserved.  He called on all parties to soberly assess the 
potential impact of Kosovo's DI and called on the Security 
Council and international community to encourage Kosovo and 
Serbia to continue discussion. 
 
¶9. (SBU) Indonesian Permrep Natalegawa said that the 
developments in Kosovo are of profound concern.  He said 
Indonesia is "mindful of the uniqueness of Kosovo," realizes 
it was profoundly affected by the breakup of Yugoslavia," and 
shares the suffering of the Kosovar people.  However, he 
insisted, anyone could argue their case is unique, thus 
Indonesia steadfastly calls for dialogue as the solution to 
all conflicts.  He noted that Indonesia understands the view 
that Kosovo's status quo is not sustainable, but does not 
believe all avenues have been exhausted.  At a minimum, he 
said, the Council should continue to monitor closely the 
situation in Kosovo and transmit a message calling for 
restraint. 
 
¶10. (SBU) Vietnamese Permrep Minh reminded the Council that 
 
USUN NEW Y 00000162  003 OF 004 
 
 
Vietnam has consistently supported a solution in line with 
international law and UNSCR 1244 and called for dialogue.  He 
argued that many UN member states and Security Council 
members consider Kosovo's DI counter to UNSCR 1244. 
 
¶11. (SBU) South African Permrep Kumalo expressed full support 
for President Tadic,s presentation.  He said South Africa 
does not accept that negotiations cannot lead to an amicable 
conclusion.  He said that South Africa -- as a member of the 
UN, NAM and AU -- respects the sovereignty and territorial 
integrity of states.  He concluded by saying that South 
Africa will study the political and legal implications of 
Kosovo's DI and remain seized of the matter. 
 
Costa Rica Joins Pro-Independence Bloc 
-------------------------------------- 
 
¶12. (SBU) Belgian Permrep Verbeke told the Council that the 
parties' positions are irreconcilable and a negotiated 
solution could not be found after a long process, reminding 
all that the status quo was not tenable.  He said Belgium 
intends to recognize and legal procedures are already under 
way.  He concluded that Kosovo's independence is now a 
reality. 
 
¶13. (SBU) Italian Deputy Permrep Mantovani underscored that 
Kosovo's DI was not a surprise and there is no reason to 
believe a few more months or even years of negotiations would 
have led to a mutually-acceptable agreement.  He stated that 
clarity is needed on status and the Ahtisaari Plan is the 
only way to proceed, short of agreement between the parties. 
Mantovani stated that Italy intends to swiftly recognize. 
 
¶14. (SBU) UK Permrep Sawers informed the Council that the UK 
had already recognized Kosovo.  He said Serbia had already 
deprived Kosovo of most of its powers in 1999 and that Serbia 
had not just stripped away Kosovo's autonomy, but tried to 
expel its entire Albanian population.  Sawers stated that 
when Serbia changed its constitution to stipulate that Kosovo 
must always remain in Serbia, it removed any chance of a 
negotiated settlement. 
 
¶15. (SBU) Costa Rican Permrep Urbina stated his country had 
looked carefully at arguments for and against recognizing 
Kosovo and will recognize.  Costa Rica is convinced that 
recognition is in line with UNSC 1244 and believes peace and 
security are better served through a two-state solution. 
Urbina  said Costa Rica does not want Kosovo to be a 
precedent. 
 
¶16. (SBU) Croatian Permrep Jurica stated that Kosovo cannot 
be viewed in isolation of the history of the Balkan region, 
saying it was always a sui generis case, requiring a unique 
solution.  He also noted Kosovo's pledge to implement the 
Ahtisaari Plan and protect minorities.  Calling recognition a 
sovereign national decision, Jurica announced that Croatia 
will proceed in recognizing Kosovo "in accordance with the 
Croatian constitution and following a thorough analysis of 
all relevant facts."  He continued that a European 
perspective will be best for peace in Kosovo.  He concluded 
by saying Croatia wants to live peacefully with its neighbors. 
 
¶17. (SBU) Ambassador Khalilzad stated that the U.S. had 
recognized a sovereign Kosovo earlier in the day and welcomed 
it to the family of nations.  He framed the Kosovo issue in a 
historical context as the last chapter in the non-consensual 
breakup of Yugoslavia.  Extensive negotiations had failed, he 
said, and UNMIK had exhausted its potential, thus Kosovo's 
independence was a logical, reasonable and legal response. He 
called the Ahtisaari Plan the only way forward, reminding all 
that the Security Council remains blocked.  Rebutting legal 
concerns, Khalilzad said Kosovo's independence is not a 
violation of 1244, which did not pre-ordain a solution and 
recognized Kosovo as a special case in light of its unique 
history.  Looking to the future, he said the time for scoring 
political points is over and all states should accept the new 
reality and help Southern Europe to move forward.  Khalilzad 
offered U.S. support to President Tadic and encouraged all 
states to advocate normalization of Pristina-Belgrade 
relations. 
 
¶18. (SBU) French Permrep Ripert announced that President 
Sarkozy had recognized Kosovo earlier in the day.  He said 
the EU will assume its responsibilities and the EU's presence 
 
USUN NEW Y 00000162  004 OF 004 
 
 
will assist Kosovo in implementation of the Ahtisaari Plan. 
He pointed to Tadic's re-election as a sign that the Serbian 
people want a European future. 
 
Members Still Struggling With Recognition Question: Libya, 
Burkina Faso and Panama 
--------------------------------------------- ------------- 
 
¶19. (SBU) Libyan Permrep Ettalhi expressed hope that Kosovo's 
independence will not lead to a return of Balkan problems of 
the 1990,s.  He said the Kosovo problem resulted from a lack 
of respect of the rights of minorities.  He welcomed Tadic's 
pledge of non-violence and Kosovo's pledge to implement the 
Ahtisaari Plan.  He said Libya is committed to the 
sovereignty and territorial integrity of member states and 
that Kosovo is not a precedent. 
 
¶20. (SBU) Burkina Faso's Permrep Kafando stated that a 
compromise solution would have been a victory for the 
international community.  He also expressed regret that Serbs 
and Kosovars could not overcome their differences and he 
called for non-violence. 
 
¶21. (SBU) Speaking in his national capacity, Panamanian 
Permrep Arias said that Kosovo's DI is now a reality.  He 
called for the precedence of peaceful co-existence over 
political and geographic interests and said Kosovo should not 
be a precedent.  He appealed to the majority of EU countries 
that recognized Kosovo to ensure the prompt entry of both 
Kosovo and Serbia into EU. 
KHALILZAD