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