AFTER MADRID 3/11Does Europe Do Enough in the War on International Terrorism?

Marcel H. van Herpen

Cicero Foundation SeminarJUSTICE AND HOME AFFAIRS

The Role of Europol and Eurojust in Combating International Organised CrimePARIS, 13 May 2004

After Madrid 3/11

• Introduction

• What is Terrorism?

• Terrorism Curves

• Old and New Terrorism

• Roots of Terrorism

• Different Reactions of US and EU

• Anti-Terrorist Strategy

After Madrid 3/11

• Terrorism is a sub-state application of violence or threatened violence intended to sow panic in a society, to weaken or even overthrow the incumbents, and to bring about political change.

(Walter Laqueur)

Keywords:

• Sub-state

• Application of violence or threatened violence

• To sow panic

• To weaken political establishment

• In order to bring about political change

sub-state

• Question of state terrorism

• Question of state sponsors

violence

What kind of violence and against whom?

– DISCRIMINATE

(political leaders/middle level targets)

propaganda role– INDISCRIMINATE

(population)

maximum destruction

sow panic

• Terrorism uses fear (terror) as an instrument to impose itself

• Terrorism can therefore exist even without concrete acts of violence

To weaken establishment

• Not by terrorism alone:

1. cf. role of ‘political arms’ of terrorist

organizations

2. cf. social services, education, business

What kind of political change?

• Social revolution (Russian anarchists)

• Anti-Democratic Movements

• National Independence (Ireland)

• Fundamentalist/Religious (Al Qaeda)

Terrorism comes in waves

• Terrorism is not new (cf. Assassins)

THERE ARE WAVES IN HISTORY:

LEFT WING WAVES• Late 1870’s (Murder of Tsar Alexander II)• Beginning 1900

RIGHT WING WAVESAfter World War I (Freikorpsen Germany)After World War II (OAS France)

Terrorism comes in waves

LEFT WING WAVE 1970’s

RAF (Germany) / Brigate Rosse (Italy)

ETHNIC WAVE(IRA/ETA)

ISLAMIST WAVEMuslim Brotherhood (Egypt)FIS (Algeria)Al Qaeda

Old and New Terrorism

• Old terrorism:

– idealist– propaganda function– targets political leaders (discriminate)– national scope

Old and New Terrorism

• New Terrorism:

• Fundamentalist/religious• Suicidal• Irrational• Indiscriminate• International• Cannot be deterred

Roots of Terrorism

• Response to Injustice?

• Reaction to Repression?

• High Arab Birthrates?

• US Aggression?

• Israel?

• Clash of Civilizations?

• Psychological Factors?

Different Reactions US and Europe

• US is at war, Europe is not

• New vulnerability US versus old vulnerability Europe

• Europe is from Venus, America from Mars? (Robert Kagan)

Europe: international law / multilateral

US: national law / unilateral

Anti-Terrorist Strategy

• 1. eliminate bases and training camps• 2. eliminate leadership• 3. attack financial infrastructure:

Bank accountsInvestmentsPortfolios

• 4. eliminate sleeper cells• 5. eliminate pro Al Qaeda propaganda

Anti-Terrorist Strategy

• US needs help

• Multilateral approach

EU’s Anti-Terrorism Strategy

• Council Regulation (EC) No. 2580/2001 of 27 December 2001

freezing of funds, financial assets, economic resources of terrorist groups

Council Regulation (EC) No. 881/2002 of 27 May 2002

adds an annex list of persons, groups related to Al Qaeda

EU’s Anti-Terrorism Strategy

• Council Common Position 2001/930/CFSPof 27 December 2001

freezing of funds, financial assetsprevention terrorist actsdenial safe havenbringing to justiceprohibition free movement across borders

EU’s Anti-Terrorism Strategy

• Council Common Position 2001/1931/CFSP of 27 December 2001

Adds also list (29 persons and 13 groups)

Council Common Position 2002/402/CFSP

of 27 May 2002

prohibits supply, sale and transfer of arms to Al Qaeda, Taliban and related groups

EU’s Anti-Terrorism Strategy

• Council Framework Decision 2002/475/JHA of 13 June 2002

• Initial definition of terrorist offences

• Minimum penalties for terrorist offences

EU’s Anti-Terrorism Strategy

• Council Framework Decision 2002/584/JHA of 13 June 2002

European Arrest Warrant

1.1.2004 only 8 out of 15 meet deadline12.05.2004 EAW implemented by 17 of the 25

• Council Framework Decision2002/465/JHA of 13 June 2002 on Joint Investigation Teams (JIT)

EU’s Anti-Terrorism Strategy

• March 2004

• Appointment of Gijs de Vries as EU’s Coordinator