Germany and France are considering declaring Iran's elite military unit, the Islamic Revolutionary Guard Corps, a terrorist organization after at least four anti-regime protesters were executed in Tehran. The countries are likely to make a decision together with other EU states as part of a common security policy.
Tanja Mehra from the International Center for Combating Terrorism says that the decision could come as early as next week, when the Council for Foreign Affairs of the EU is supposed to be in session.
Banning the Islamic Revolutionary Guard Corps would be an unprecedented move. It would be the first time that the EU would put the army of a sovereign country on the list of terrorists. However, individuals from the Guard are already on the list, and Iran's security agency, the Internal Security Directorate of Iran's Ministry of Intelligence and Security, is also blacklisted.
Tanja Mehra says that listing would mean that the sanctions already imposed on Iran in a separate package would only be repeated and that people forced to serve in the military could be unfairly affected. But she adds that blacklisting Iran's Guards "symbolically still sends a strong message to Iran," even if it could halt diplomatic talks.
How exactly does the EU designate terrorists and what impact will being on this list have for the Iranian Guard?
What exactly is the terrorist list?
The EU terrorist list was first created in December 2001 - right after the terrorist attacks in the USA on 11 September. It is a recognized blacklist of individuals, groups and entities associated with terrorism. It was originally created as a companion document to a United Nations Security Council resolution adopted just a few weeks after the attack. The goal was to identify terrorists and their financiers, as well as to stop them by restricting their finances and movements.
The EU blacklist is reviewed and updated every six months. Currently, there are 13 persons and 21 organizations operating inside and outside the EU on the list. They are involved in various crimes, from bombings to murder.
Placing on the terrorist list means that the funds and other financial assets of an individual or organization within the EU will be frozen. If members of the Iranian Guard are on the list, they will not be able to access assets within the EU. Also, their movement will be restricted. In some cases, banned persons or organizations on the list could face additional "police and judicial cooperation measures".
In addition, individuals and organizations within the EU are prohibited from financing or assisting those on the terrorist list, as they could then be subject to sanctions.
How do people or organizations get on the list?
A person or organization could potentially be listed if they are being investigated or prosecuted for an act related to terrorism or attempted terrorism. Even in cases where investigations have not been carried out, for example for logistical reasons, these subjects could still be listed.
Member states, as well as other states, list persons or organizations that they think should be on the list, along with the reasons for this. Then the Working Group on Restrictive Measures to Combat Terrorism (COMET) considers the proposals.
It is not known who exactly makes up COMET, but if the group judges that a certain name should be on that list, it sends those recommendations to the European Council, which includes all EU heads of state and government. There are two additional members, namely the President of the European Commission, Ursula von der Leyen, and the President of the European Council, Charles Michel.
Apart from the internal designation process, if a person or group is identified by the United Nations Security Council as being linked to terrorism, it is likely that their names will also end up on the EU list.
Who is currently on the list?
Al-Qaeda and its affiliates, as well as the Islamic State and its affiliates, are proscribed terrorist organizations. A separate article on IS from 2016 prohibits the sale of weapons and other military equipment to members of the militant group or anyone associated with it. Its members are also prohibited from traveling through the EU, unless they are EU citizens traveling to their country of origin.
The Palestinian Islamist militant organization Hamas and several other separatist and revolutionary organizations such as Hezbollah, the Kurdistan Workers' Party (PKK), the Liberation Tigers of Tamil Eelam, the Ejercito de Liberacion Nacional (ELN) of Colombia and the Communist Party of the Philippines are also blacklisted.
Can individuals or organizations be removed from the list?
It is possible to remove persons or organizations from the list of terrorists. The process is carried out by member states, or other states making a proposal, and then considering their removal. The FARC, a Colombian revolutionary group, was delisted in 2016 after agreeing to a peace deal.
In more complex cases, listed individuals or groups can sue the EU to challenge listing. In 2014, Hamas did just that, claiming to be a legitimate resistance movement. The General Court of the EU ruled that Hamas should be removed from the list, because it was determined that the organization was designated as such based on media reports and not on the basis of proper investigations. However, that decision was overturned by the European Court in 2017.
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