AFTER MADRID 3/11 Does Europe Do Enough in the War on International Terrorism? Marcel H. van Herpen Cicero Foundation Seminar JUSTICE AND HOME AFFAIRS The Role of Europol and Eurojust in Combating International Organised Crime PARIS, 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 1870s (Murder of Tsar Alexander II) Beginning 1900 RIGHT WING WAVES After World War I (Freikorpsen Germany) After World War II (OAS France)

Terrorism comes in waves LEFT WING WAVE 1970s RAF (Germany) / Brigate Rosse (Italy) ETHNIC WAVE (IRA/ETA) ISLAMIST WAVE Muslim 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 accounts Investments Portfolios 4. eliminate sleeper cells 5. eliminate pro Al Qaeda propaganda

Anti-Terrorist Strategy US needs help Multilateral approach

EUs 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

EUs Anti-Terrorism Strategy Council Common Position 2001/930/CFSP of 27 December 2001 freezing of funds, financial assets prevention terrorist acts denial safe haven bringing to justice prohibition free movement across borders

EUs 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

EUs Anti-Terrorism Strategy Council Framework Decision 2002/475/JHA of 13 June 2002 Initial definition of terrorist offences Minimum penalties for terrorist offences

EUs Anti-Terrorism Strategy Council Framework Decision 2002/584/JHA of 13 June 2002 European Arrest Warrant only 8 out of 15 meet deadline EAW implemented by 17 of the 25 Council Framework Decision 2002/465/JHA of 13 June 2002 on Joint Investigation Teams (JIT)

EUs Anti-Terrorism Strategy March 2004 Appointment of Gijs de Vries as EUs Coordinator