US embassy cable - 03ROME5339

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Identifier:	03ROME5339
Wikileaks:	View 03ROME5339 at Wikileaks.org
Origin:	Embassy Rome
Created:	2003-11-24 14:16:00
Classification:	CONFIDENTIAL
Tags:	PREL KPAL IS IT UNGA
Redacted:	This cable was not redacted by Wikileaks.

C O N F I D E N T I A L ROME 005339 
 
SIPDIS 
 
 
E.O. 12958: DECL: 11/23/2013 
TAGS: PREL, KPAL, IS, IT, UNGA 
SUBJECT: ITALY OPPOSES ICJ RESOLUTION ON ISRAEL 
 
REF: A. STATE 325119 
 
     B. ROME 4774 
     C. ROME 4806 
     D. ROME 4842 
 
CLASSIFIED BY: POL M/C FOR REASONS 1.5(B),(D). 
 
1. (C) DURING A NOVEMBER 24 TELCON, MFA OFFICE DIRECTOR FOR 
THE EASTERN MEDITERRANEAN LUCA FERRARI TOLD POL M/C THAT 
    ITALY'S POSITION ON AN ICJ RESOLUTION HAS NOT CHANGED AND 
THAT IT IS STILL A TERRIBLE IDEA.  THE MFA HAS ALREADY ISSUED 
INSTRUCTIONS TO ITS MISSION IN NEW YORK TO PURSE A THREE-PART 
STRATEGY: 
 
--  THE MISSION SHOULD FIRST ATTEMPT TO LINE UP EU CONSENSUS 
FOR A NO VOTE ON THE ICJ RESOLUTION.  IF EU CONSENSUS IS 
IMPOSSIBLE, ITALY WILL STILL VOTE AGAINST THE RESOLUTION. 
 
--  FERRARI SHARED WITH THE MISSION A LEGAL ANALYSIS PREPARED 
BY FORMER ICJ JUSTICE LUIGI FERRARI BRAVO.  IN BRIEF, AS 
FERRARI DESCRIBED THE ANALYSIS, IT CONCLUDES THAT THE ISRAELI 
CONSTRUCTION OF A BARRIER IN THE OCCUPIED TERRITORIES IS NOT 
LEGAL BUT THAT THE ICJ CAN'T SAY ANYTHING ABOUT IT SINCE THE 
OCCUPIED TERRITORIES ARE NOT CLAIMED BY ANY OTHER STATE. 
FERRARI ASKED THE ITALIAN MISSION TO MAKE LIBERAL USE OF THE 
ANALYSIS. 
 
--  FERRARI ASKED THE MISSION TO EXPLORE WHETHER THE 
RESOLUTION COULD SOMEHOW BE DIRECTED TO THE SIXTH (LEGAL) 
COMMITTEE FOR CONSIDERATION.  IF THAT WORKS, FERRARI FEELS 
THAT WE CAN COUNT ON THE LEGAL EXPERTS THERE TO DELAY AND 
DEFUSE THE PALESTINIAN RESOLUTIONS. 
 
 
2. (C) POL M/C PRESSED ON THE IMPORTANCE OF THE FIRST PART OF 
THIS STRATEGY.  AN EU CONSENSUS ON ABSTENTION WOULD BE 
WELCOME BY THE PALESTINIAN BECAUSE IT WOULD LEAVE THEM STILL 
WITH A MAJORITY OF VOTES.  THE PALESTINIANS WOULD ONLY BE 
IMPRESSED IF THE EU MADE IT CLEAR THAT IT WOULD VOTE AGAINST 
REFERRING THE ISSUE TO THE ICG.  SUCH A FIRM STAND WOULD NOT 
    ONLY BE BENEFICIAL FOR THE ISSUE AT HAND, BUT WOULD ALSO HELP 
IN FUTURE NEGOTIATIONS WITH THE PALESTINIANS IN NEW YORK. 
 
3. (C) FERRARI AGREED WITH POL M/C AND SAID THAT HE WOULD DO 
HIS BEST BUT URGED THE U.S. TO WORK ESPECIALLY TO CONVINCE 
IRELAND AND GREECE OF THE NEED TO AGREE TO A NO VOTE. 
SEMBLER 
 
NNNN 
 2003ROME05339 - Classification: CONFIDENTIAL