VZCZCXYZ0003
OO RUEHWEB

DE RUEHC #8132 2822357
ZNR UUUUU ZZH
O 082352Z OCT 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 3439
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
ALL NATO POST COLLECTIVE IMMEDIATE
RUEHTC/AMEMBASSY THE HAGUE IMMEDIATE 3465
RUEHPS/AMEMBASSY PRISTINA IMMEDIATE 4775
RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 0881
RUEHNO/USMISSION USNATO IMMEDIATE 9852
RUEHVEN/USMISSION USOSCE IMMEDIATE 4415
RUEHBS/USEU BRUSSELS IMMEDIATE

UNCLAS STATE 108132 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNGA PREL KJUS KO
SUBJECT: GUIDANCE ON KOSOVO INDEPENDENCE/ICJ REFERRAL 
IN THE UNGA 
 
¶1.  The Department instructs USUN to vote against the 
resolution introduced by Serbia to refer a question on 
Kosovo's declaration of independence to the International 
Court of Justice, scheduled for debate in the UN General 
Assembly on October 8.  USUN should encourage another 
country to call the vote; however, USUN is authorized to 
call the vote if no other country is willing to do so. 
USUN should draw on the following points in its 
explanatory statement before the vote, and, as 
appropriate, during any debate. 
 
¶2. Begin points: 
 
-- Mr. President: 
 
 
 
-- After years of war, of post-communist transition and 
deep hardship and suffering, in election after election, 
the people of the Balkans, including voters in Kosovo and 
Serbia, have spoken.  They reject the destructive 
nationalism that brought them such misery in the 1990s. 
They seek a cooperative and collaborative future for 
themselves as integrated, prosperous citizens of Europe. 
 
-- Under the leadership of a democratically-elected, 
multi-ethnic government, the Republic of Kosovo today is 
at peace.  The government in Pristina has scrupulously 
followed the Comprehensive Proposal for the Kosovo Status 
Settlement, as developed by the Secretary-General's 
Special Envoy.  It has adopted a far-reaching Constitution 
and enacted 41 pieces of legislation to implement the 
Comprehensive Proposal.  These include specific provisions 
that protect the rights of all ethnic minorities as well 
as Kosovo's unique religious and cultural heritage. 
Kosovo's government has also acted with vision and 
restraint in seeking strong relations with all its 
neighbors, including Serbia. 
 
-- The United States firmly believes that our common 
concern should be to focus our efforts precisely to help 
shape such a future. Specifically we are extending 
economic and political support to both of these 
countries.  We hope they will integrate further into 
international markets and structures that will guarantee 
peace and prosperity for all of the region's people. 
 
-- We do not think this resolution advances that goal, nor 
do we think it appropriate or fair to the Court to ask it 
to opine on what is essentially a matter -recognition of 
independence -- that is reserved to the judgment of member 
states. We ask other members to consider the potential 
consequences if some other members were to seek 
determinations of the legality of their own declarations 
of independence or if separatist movements in their 
country were to seize upon language in any opinion the 
Court might render to bolster their own claims to 
independence.  It is for these reasons that we oppose this 
referral. If 
this resolution nonetheless moves forward, we hope that, 
as a matter of equity, the Court will agree to hear from 
the states most directly interested in this matter, Serbia 
and Kosovo, on an equal footing as well of course to hear 
from the many other states that can be expected to make 
contributions to the Court's consideration of the case. 
 
 -- In conclusion, the United States welcomes and supports 
the remarkable progress in Kosovo and the region toward 
building a stable, multiethnic democracy and laying the 
groundwork for growth and development.  The United States 
also welcomes the elections in Serbia of a President and 
parliament focused on the country's future and committed 
to Euro-Atlantic integration. Although we may disagree 
with Serbia on the issue before us today - both on 
principle concerning the reservation to member states of 
determinations concerning independence and on the utility 
of this step in the current context in the Balkans --, 
the United States, will work closely with Serbia and all 
of the 
countries in South Central Europe to advance our shared 
vision of a Europe whole, free and at peace. 
RICE