Organisation of a parliamentary conference to reinforce democratic systems in Europe and cooperation in the fight against terrorism
Opinion
Doc. 7904
11 September 1997
Rapporteur: Mr Alexis Galanos, Cyprus, Liberal, Democratic and Reformers' Group
I. INTRODUCTION
1. Terrorism is of great concern to the Assembly since it constitutes a direct attack on the core values the Council of Europe was set up to protect.
2. Terrorism aims to provoke deep fear and insecurity. Terrorists seek to use intimidation to impose their political or other agendas. Killing is a means to that end. By creating fear and panic, terrorists try to extort concessions or to weaken and discredit governments by showing they are unable to protect their citizens. As a working definition, the term "coercive intimidation" as used in the Report of Mr Hardy on the fight against international terrorism in 1992 (Doc. 6669) still seems appropriate.
3. Contemporary terrorist actions coming from individuals, small groups, big organisations or states include the traditional assassinations, bombings, arson, hostage-taking, hijacking, kidnapping, seizure and occupation of building, attacks on public facilities, sabotage, ecological and high-tech terrorism.
4. State terrorism may also take the form of murders, intimidation and violation of human rights on a mass scale. Such acts are perpetrated by some states against their own citizens or the citizens of other sovereign states in the pursuit of domestic or foreign policy objectives.
5. The recent upsurge in terrorism brings the issue once again to the top of the political agenda. The proposal by the Rapporteur of the Committee on Legal Affairs and Human Rights Mr Lopez Henares (see Doc. 7876) to organize a parliamentary Conference to reinforce democratic systems in Europe and cooperation in the fight against terrorism is therefore most timely.
6. This opinion examines certain aspects of terrorism with a view to presenting some elements of reflection for the Conference.
II. EVOLUTION OF TERRORISM
i. Motivations, objectives : change of nature
7. An evolution can be noted in the motivation of modern terrorism. While ideological terrorism is declining, -one explanation of this is the end of the Cold War and the sharp decline in revolutionary Marxist terrorism-, there is an increase in ethnic, separatist and religious terrorism. In its most extreme form, ethnic terrorism takes the form of ethnic cleansing.
8. Terrorism by religious fanatics and groups manipulating religion, especially Islam, for political reasons, has become widespread. Organisations such as Hamas, the Palestine Islamic Jihad and the Lebanese Hezbollah remain active. Mercenary terrorists, many of whom were trained in Afghanistan, are a growing phenomenon.
9. In the view of the US Secretary of State, several states are suspected to support terrorist groups. He has formally designated Cuba, Irak, Iran, Libya, North Korea, Sudan and Syria as state sponsors of terrorism. All these states have strained relations with the United States.
10. Separatist terrorism remains a serious threat in many European countries, such as France, Russia, Spain, Turkey, and the United Kingdom . Certain separatist terrorist organisations are linked to a legal political organisation. For instance, the Irish republican Army (IRA) to Sinn Fein and the Basque Fatherland and Liberty (ETA) to Herri Batasuna.
11. Terrorism nowadays is also carried out by criminal organisations, for instance in Italy, were the mafia bombed historical monuments, and in Russia.
12. Finally, sometimes, terrorists are deranged individuals such as Theodore Kaczynski, the "Unabomber" in the United States, who sent parcel bombs for more than 20 years.
ii. New challenges
13. Terrorism knows no borders. As Mr Lopez Henares mentioned in his report, old and new members states of the Council of Europe have been the target of many terrorist attacks over the past two years.Outside Europe, even the United States and Japan were not spared, and major terrorist attacks took place against the Middle-East peace process.
14. Today's media, especially television, multiply the fear effect of terrorism. By vividly conveying its horror, it greatly increases our collective sense of vulnerability. The terrorists seek therefore to exploit media coverage. Future terrorism is likely to include higher than ever levels of violence to capture and hold public attention. The media have therefore an important responsibility and should be cautious not to serve terrorism.
15. Terrorists have increasing access to more sophisticated explosives. In addition, means of mass destruction such as nuclear, chemical and biological weapons may well be within reach. The sarin gas attack by Aum Shainrikyo, the apocalyptic Japanese sect, in the Tokyo subway in March 1995 showed that the threat of chemical terrorism is now reality.
16. New technologies can also be used as weapons or as objectives. The G7 Ministerial Conference on terrorism in Paris of July 30 1996 expressed concern over terrorist use of "electronic or wire communications systems and networks". High-technology computers, cellular phones, encryption technology or the Internet offer new communication and information possibilities for terrorists. They can also operate to destroy or manipulate information for their own purpose.
III. RECENT UPSURGE IN TERRORIST ACTIVITIES
17. In recent months, we have witnessed an upsurge in terrorism, in the form of hostage taking and indiscriminate violence by religious extremists and apocalyptic groups as well as attacks on tourists.
18. Smaller separatist and Unionist paramilitary groups prepared to engage in acts of terrorism in Northern Ireland continue to pose a threat to peace. Moreover, the leadership of the provisional IRA still appears divided between those who support the "unarmed strategy" and those who believed the only course is to continue "armed struggle".
19. In Spain on the other hand, the ETA continued its violence. A town counsellor, Miguel Angel Blanco, 29, was kidnapped on 10 July 1997 by ETA rebels demanding the transfer of 500 ETA inmates to prison in the autonomous Basque region within 48 hours. The Government refused, and ETA killed its hostage. His murder focused national anger against the separatist organisation and its political wing, Herri Batasuna which controls 25 municipalities in three Basque provinces. Millions of people Spanish marched in impressive demonstrations against the ETA. In telegrams of condolences, the President of our Parliamentary Assembly, Mrs Leni Fischer, and the Secretary General of the Council of Europe, Daniel Tarschys strongly condemned terrorists acts and repeated their support in the democratic fight against terrorism.
20. The furious reaction to Blanco's killing, even among some of ETA inmates and members of the Herri Batasuna may signal that the group is becoming more divided than ever. But this will not mean an end to violence say analysts. ETA, which was formed in 1959 under the dictatorship of Franco to fight for a Basque State split in the early 70s into a hard-core faction and a less violent wing.
21. In the Middle East, where terrorism has prolonged the Israeli-Palestinian conflict for decades, new atrocities again made the news. On 30 July 1997, 15 people were killed and 170 injured by Islamic suicide attacks by Hamas in Jerusalem. The President of the Assembly Mrs Leni Fischer stated " there can be no justification whatsoever for barbaric acts such as these. Those that were responsible want to destroy the peace process in the Middle East. They must not be allowed to succeed". She added that "effective security and a climate of trust and confidence are essential elements of the peace process".
22. Following this incident, 5 members of the pro-iranian Hezbollah were killed by an Israeli bombing on 4 August and Hezbollah promised to take revenge.
23. There has also been some good news. The IRA announced a new ceasefire in its campaign against Britain which took effect on 20 July 1997. On 31 July 1994 already, the IRA had announced " complete cessation of its military operations". But after 17 months, on 9 February 1996, it resumed violence. The Sinn Fein, the political organ of the IRA was therefore excluded from the peace talks on Ulster which then failed . The new IRA ceasefire hence allows new hope for the peace talks scheduled for september 1997.
IV. FIGHT AGAINST TERRORISM: PROGRESS AND PROBLEMS
24. There is a growing international consensus today that killing for political reasons is absolutely unacceptable, whatever the motivations or causes are, and there is a corresponding willingness by the majority of states to crack down on terrorists by all means available.
i. UN Ad Hoc Committee on Terrorism
25. An Ad hoc Committee, established by resolution 51/210 of 17 December 1996 met on 24 February 1997 for its first session. It was mandated to address means of further developing a comprehensive legal framework of conventions dealing with international terrorism. Two draft international conventions have been submitted to facilitate its work: a draft international convention for the suppression of terrorist bombings, submitted by France on the behalf of the G7/P8 and a draft convention on the suppression of acts of nuclear terrorism submitted by the Russian Federation. Both draft conventions are currently being examined.
ii. G7/P8
26. In June 1995, the leaders of the eight countries (G7: Canada, France, Germany, Italy, Japan, the United Kingdom, the United States - P8: the same countries plus the Russian Federation) met at the Halifax Summit and discussed measures to combat terrorism. These were developed further at the Ottawa Ministerial Conference on Terrorism. The Ottawa Declaration of 12 December 1995 called on all nations to ratify the major international anti-terrorism agreements by 2000, limit terrorist fund-raising, strengthen border security, stop trafficking of weapons, strengthen protection of transports and to intensify international training efforts and information sharing.
27. On 27 June 1996 the G7/P8 meeting in Lyon, in the aftermath of the attack in Dharan, Saudi Arabia, which killed 19 US citizens, reaffirmed the absolute condemnation of terrorism in all its forms and manifestations. On 30 July 1996, the G7/P8 meeting in Paris endorsed 25 specific measures (see annex 1) to enhance cooperation in the fight against terrorism and transnational crime. The members of the Eight urged all states to join in these efforts. They committed themselves to strengthen counter-terrorism cooperation by improving security procedures, prosecuting and punishing terrorists, tightening border controls, expanding international treaties outlawing terrorism, and preventing terrorists' fund-raising. They also called for a new international treaty for the suppression of terrorist bombings. The Heads of State and Government also adopted further steps to protect means of mass transport (both air and ground) and enhance law enforcement and counterterrorist capabilities in many areas.
28. In June 1997, the G8 meeting in Denver, Colorado, also addressed problems of fighting organized crime and terrorism. In order to protect electronic and computer systems from terrorists, G8 countries would exchange information on ways of preventing the use of computer systems for terrorist purposes. The Eight reiterated their countries' support for the 25 recommendations worked out at the Paris anti-terrorism conference in 1996 and to the UN resolution targeting complete eradication of international terrorism by the year 2000. They agreed to step up measures to ensure security of air and sea transport and at airports. A conference of experts from G8 countries on security for international events will be held in Honolulu in September 1997. The meeting also urged Iran to desist from material and political support for extremists groups that are seeking to destroy the Middle-East and to destabilize the region and to renounce the use of terrorism.
iii. European organisations
29. In his report, Mr Lopez Henares mentions the existing instruments to fight terrorism, in particular those from the Council of Europe and the European Union. He also explains why they are obsolete in many respects.
30. The European Parliament, on 30 January 1997, adopted a Resolution on combating terrorism in the European Union. It focuses on prevention of terrorism, repression, police and judiciary cooperation. The Amsterdam Treaty also addresses the issue in Title VI concerning provisions on police and judicial cooperation in criminal matters. It reaffirms the objective to combat terrorism by closer cooperation.
31. After the bombing in Jerusalem on 30 July, Israel asked the European Union to press Palestinian Yasser Arafat to take consistent and effective action to wipe out the scourge of terrorism.
iv. Other international initiatives
32. In March 1996, at the "Peace Summit" held at Sharm el Sheikh, Egypt, 29 delegations - from Israel and the Arab world, from Europe, from Asia and from North America - pledged to fight terrorism and to support the Middle-East peace process.
33. More recently, on 12 July 1997, the Fourth Mediterranean Forum, gathering foreign Ministers or their representatives from 11 Mediterranean countries, renewed condemnation of terrorism and their commitment to consolidate their cooperation in struggle against this plague which is threatening the stability and security of all Mediterranean states. The success of this effort, however, depends also on the eradication of state terrorism.
v. New involvement of the United States
34. In the United States, the bombings of the World Trade Center, 21 February 1993 (6 dead) and the Alfred P. Murrah building in Oklahoma City, 19 April 1995 (167 dead) led to the adoption of the Effective Death Penalty- and Anti-Terrorism Acts of 1996. These terrorist acts were then followed by a bomb attack on a US base in Dahran, Saudi Arabia, 25 June 1996 (19 dead). Then a bomb exploded in Atlanta on 27 July 1996 (2 dead). This led to a stronger involvement of the United States in the fight against domestic and international terrorism which became essentially visible through the work of the G7/P8.
35. Following the ETA murder in July 1997, US President Clinton offered to help the Spanish Government defeat terrorism by Basque separatists.
vi. Bilateral initiatives
36. Following the ETA murder Spanish Interior Minister Jaime Mayor Oreja called the member countries of the European Union to strengthen their cooperation in the fight against Basque terrorism. Spanish deputies said they were in favour of adopting new measures to combat terrorism.
37. In Ibiza on 21 July 1997, terrorism was on the top of the agenda of the Spanish-French Ministerial Meeting. France announced a forthcoming seminar to boost cooperation between the respective police forces. It also said a convention was being drawn up to tighten border controls by setting up three more joint police stations. Spain wants France to help by extraditing ETA guerrillas who seek refuge in France. Paris, for its part, wants help from Spain to tackle the threat of Islamic extremists in France.
38. However, some states still refuse to cooperate and support or use terrorism. Among those is Libya. Unanswered questions remains over the aircraft bombing which killed 270 people over the Scottish town of Lockerbie on 21 December 1988. And Libya, although UN sanctions have probably curbed its terrorism abroad, still defies the UN's mandate to deliver two suspects in the bombings of Pan Am 103 to a Scottish or US court for trial.
V. CONCLUSIONS AND PROPOSALS
39. The Parliamentary Conference suggested by the Committee on Legal Affairs and Human Rights to reinforce democratic systems in Europe and cooperation in the fight against terrorism should produce valuable proposals to update the European Convention for the Suppression of Terrorism and other existing instruments. The Conference should take account of the proposals set out below.
40. Terrorism whatever its motives or causes must be condemned as must be violations of human rights in prevention or repression of terrorism. The fight against terrorism can only be won if states strictly respect the rule of law and human rights. Perpetrators must be prosecuted in compliance with the law and the requirements of the European Convention on Human Rights.
41. Success can only be achieved if all states renounce terrorism and cooperate at European and international level. Indeed, as terrorism is not limited to Europe, it is important to coordinate European with other international initiatives.
42. Effective diplomatic, political and economical sanctions and deterrent measures should be adopted consistently against states which support terrorist acts or groups. Assistance should be provided to victims of terrorism. The fight against terrorism could be reinforced, as proposed by the G7/P8 and the European Parliament Resolution, by means of prevention, investigation, prosecution, police and judicial cooperation.
43. The media have an important responsibility in striking a balance between, on the one hand, the duty to provide information and, on the other hand, the need to avoid giving terrorists the publicity they seek.
44. It is equally important to stress the abhorrent nature of terrorism directed against members of the press. Even in Council of Europe member states, journalists are being murdered in order to silence dissenting views and promote fear among people of the mass media. It is therefore essential that all states abide by the provisions of international human rights instruments.
45. All Council of Europe member states should adhere to existing Treaties and Conventions combating terrorism and cooperate in investigation, prosecution and extradition procedures. They should support the work of the United Nations ad hoc Committee on Terrorism in this regard. They should also promote the rule of law against terrorism and bring terrorists to justice.
46. The Second Summit of Head of States taking place on 10-11 October 1997 should be used as an occasion to stress the involvement of the Council of Europe in fighting terrorism.
ANNEX
The 25 Specific Measures Endorsed on 30 July 1996 by the G7/P8 in Paris
Reporting committee: Committee on Legal Affairs and Human Rights (Doc. 7876)
Committee for opinion: Political Affairs Committee
Reference to committee: Doc. 7016 and Reference No. 1985 of 10 November 1994
Opinion approved by the committee on 1 September 1997
Secretaries to the committee: Mr Kleijssen, Mr Gruden