US embassy cable - 04MADRID2955

C O N F I D E N T I A L MADRID 002955 
 
SIPDIS 
 
E.O. 12958: DECL: 08/03/2014 
TAGS: PREL, IS, SP, ICJ, UNGA 
SUBJECT: SPANISH POSITION ON UNSC AND ICJ ADVISORY OPINION 
ON ISRAELI SECURITY BARRIER 
 
REF: STATE 166143 
 
Classified By: Political Counselor Kathleen Fitzpatrick for reasons 1.4 
 (b) and (d). 
 
 1.  (C)  We delivered reftel demarche to Juan Manuel 
Gonzalez de Linares, MFA Deputy Director General of UN 
Affairs, on August 2.  Gonzalez de Linares stated that Spain 
will wait and see what the General Assembly presents to the 
Security Council before taking a definitive position, adding 
that, as always, Spain will try to tone down any aggressive 
language and balance any text that is presented.  He said 
that GOS generally favors the US legalistic argument that the 
ICJ advisory opinion is non-binding and that the GOS would 
have problems with using the Security Council to make the 
advisory opinion binding.  He questioned how the Security 
Council could discuss implementing coercive measures or 
imposing sanctions for an opinion that is legally 
non-binding.  He is aware that the Arab Group of the General 
Assembly has talked of referring the ICJ advisory opinion to 
the Security Council.  He had heard initially that they might 
take action in September 2004.  Later, he heard that the Arab 
Group was going to wait until after the results of the US 
elections. 
 
2.  (C)  Gonzales de Linares offered a personal opinion that 
he said was shared by many in the MFA that Spain would prefer 
to focus on Iraq and Sudan during their one-month Presidency 
of the Security Council in September 2004.  He believes that 
the Israeli-Palestinian security barrier issue could detract 
from other important UN issues.  He noted that the Security 
Council had already voted in 2003 on this very issue. 
MANZANARES