After 9/11 Germany solarized with the United States, much
like the rest of the European Union and the World. German chancellor Schröder announced
Germanys “unlimited solidarity” with the United States.
The United States proclaimed “war on terrorism”, beginning
with war in Afghanistan. The war in Afghanistan was carried
out with a resolution of the United Nations backing it up, and the European
Union provided support. (Gottlieb 272). Things changed when the
United States decided to also attack Iraq. The United Nations opposed an
invasion of Iraq, the German government argued:
"In international conflict, we believe in the monopoly of
power of the United Nations, (...) that is the basis on which Germany has been
discharging its responsibility in the European Union, in the international
alliance against terrorism.“ (Chancellor Gerhard Schröder Keynote speech to the
German parliament, April 03, 2003 accessed via CNN)
It is clear that the US violated Iraq’s sovereignty, which
is why the UN and most states around the world (excluding some US allies like
Australia and France) were opposing the attack and saw it as a violation of
state sovereignty, leading to human rights violations and war crimes that could
not be justified through the need to counter terrorism.
The transformation of the Schröder governments approach to
the “War on Terror” from “unlimited solidarity” to announcing that Germany
refuses to support the US in the 2nd active combat in the name of
counterterrorism is striking- it can be understood by looking at the European
Union’s legislative stance on counterterrorism and the balance between civil
liberties, human rights and the effort to fight terror.
The UN does not agree on a definition of terrorism, thus the
state’s unique definitions are of extreme importance to their counterterrorism
efforts. The US government employs various definitions of terrorism ,the one
provided by the Department of State’s United States Code (U.S.C.) is: “ (...)
the term 'terrorism' means premeditated, politically motivated violence
perpetrated against noncombatant targets by subnational groups or clandestine
agents“ (U.S.C: Title 22, Chapter 38).
Germany as a member state of the European Union signed the
Council Framework of Combating Terrorism in 2002. Article 1 defines terrorism
as a criminal act against a person or a property that
“may seriously damage
a country or an international organisation where committed with the aim of:
seriously intimidating a population; or unduly compelling a Government or
international organisation to perform or abstain from performing any act; or
seriously destabilising or destroying the fundamental political,
constitutional, economic or social structures of a country or an international
organisation.“.
The Council Framework on Combating Terrorism states that
each member state of the European Union should ensure that such acts are
defined as criminal under national law.
Differences
in the approach to defining terrorism become more striking when looking at the
EU Counter-Terrorism Strategy, adopted in 2005 after the terrorist attacks in
Madrid (2004) and London (2005). The EU
commits to “combating terrorism globally, while respecting human rights and allowing
its citizens to live in an area of freedom, security and justice.” (page 6). The
strategy centers on preventing people from turning to terrorism, protecting
citizens from attacks, pursuing and investigating active terror plans and
responding to attacks in a coordinated way to minimize the consequences for
victims. It is certainly striking that after the EU is attacked they agree on a
definition that emphasizes human rights, while the US embarked on a “War on
Terror” after the events of 9/11.
Germany’s criminal code defines a terrorist group as a group
whose goal is murder, genocide, crimes against humanity, war crimes, intimidating
the population, forcing a state department or International organization to
make policy changes or damaging the structures of the state (§129a StGB). After
September 11 the definition was expanded to include organizations in foreign
countries so that members or supporters of terrorist organizations can be
arrested and put on trial in Germany if they enter the country.
Looking
at these definitions it can be concluded that the European Union already
incorporates the aim to include human right in their definitions whereas the US
definition does not include any mention of human rights or civil liberties. Why
is this the case and will it prevent the EU and the US to coordinate their
counterterrorism efforts? The US and the EU after all have the same goal: to
end global terrorism, which is a threat for the whole world, and thus demands a
collaborative effort.
It is important
that the transatlantic community manages to find a way to agree on a common
policy to combat terrorism, ideally one that incorporates and respects human
rights and civil liberties. Sacrificing civil liberties to counterterrorism is
a way of letting the terrorists win.
So is the EU-US cooperation in terms of counterterrorism in
danger of falling apart over disagreements regarding the importance of human
rights and civil liberties? Far from it. The US has made significant changes in
their policy since the early days of the “War on Terror”, changes that have
made US policy more agreeable for the EU. Several failed terrorist attacks in
Europe every year keep reminding the EU how central counterterrorism is to
their agenda. It should therefore be the shared goal of the US and the EU to
become the providers of a global counterextremist narrative by promoting
cross-cultural dialogue and through efforts to address the root causes of
terrorism, such as extreme poverty (Gottlieb 298).
Counterterrorism policies
need to be respectful of human rights in order to accomplish the goal. Through
close cooperation both the US and the EU will gain. It is essential for them to
negotiate and agree on shared counterterrorism policies. Terrorism is the
biggest current threat to the western world; the US and the EU/Germany cannot
afford to be up against each other on this issue.
Works Cited
2005 European Union Counter-Terrorism Strategy. European
Union. 2005. Web. March 7,
2012.
<http://register.consilium.eu.int/pdf/en/05/st14/st14469-re04.en05.pdf>
CNN Schroeder: ’Overcome Dictatorship’. Cable News Network.
April 3, 2003. Web. March
5,2012.
<http://articles.cnn.com/2003-04-03/world/sprj.irq.schroeder.iraq_1_iraqi-
president-saddam-hussein-iraqi-people-peace-and-freedom?_s=PM:WORLD>
European Union. Framework Decision on Combating Terrorism.
Statewatch. Web. March 3,
2012.
<http://www.statewatch.org/news/2002/jul/frameterr622en00030007.pdf>
European Union. Treaty of Lisbon. Official Journal of the European Union.
December 17,
2007.
Web. March 2, 2012.
<http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2007:306:SOM:EN:HTML>
Gottlieb, Stuart, ed. 2010. Debating Terrorism and
Counterterrorism. Washington, DC: CQ
Press.
Print.
USA PATRIOT Act. Financial Crimes Enforcement Network,
United States Department of
the Treasury. Web.
March 2, 2012. <http://www.fincen.gov/statutes_regs/patriot/index.html>