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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

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after madrid 3 11 does europe do enough in the war on international terrorism

AFTER MADRID 3/11Does 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
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 3 113
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
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
sub-state
  • Question of state terrorism
  • Question of state sponsors
violence
violence

What kind of violence and against whom?

  • DISCRIMINATE

(political leaders/middle level targets)

propaganda role

  • INDISCRIMINATE

(population)

maximum destruction

sow panic
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
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
What kind of political change?
  • Social revolution (Russian anarchists)
  • Anti-Democratic Movements
  • National Independence (Ireland)
  • Fundamentalist/Religious (Al Qaeda)
terrorism comes in waves
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 WAVES

After World War I (Freikorpsen Germany)

After World War II (OAS France)

terrorism comes in waves11
Terrorism comes in waves

LEFT WING WAVE

1970’s

RAF (Germany) / Brigate Rosse (Italy)

ETHNIC WAVE

(IRA/ETA)

ISLAMIST WAVE

Muslim Brotherhood (Egypt)

FIS (Algeria)

Al Qaeda

old and new terrorism
Old and New Terrorism
  • Old terrorism:
    • idealist
    • propaganda function
    • targets political leaders (discriminate)
    • national scope
old and new terrorism13
Old and New Terrorism
  • New Terrorism:
  • Fundamentalist/religious
  • Suicidal
  • Irrational
  • Indiscriminate
  • International
  • Cannot be deterred
roots of terrorism
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
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
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 strategy17
Anti-Terrorist Strategy
  • US needs help
  • Multilateral approach
eu s anti terrorism strategy
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 strategy19
EU’s 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

eu s anti terrorism strategy20
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 strategy21
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 strategy22
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 deadline

12.05.2004 EAW implemented by 17 of the 25

  • Council Framework Decision

2002/465/JHA of 13 June 2002 on Joint Investigation Teams (JIT)

eu s anti terrorism strategy23
EU’s Anti-Terrorism Strategy
  • March 2004
  • Appointment of Gijs de Vries as EU’s Coordinator
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