New report: EU can list IRGC a terrorist entity
Canadian Iranian journalist and documentary filmmaker
A new report commissioned by the Hague Initiative refutes the EU foreign policy chief's argument for not listing the Islamic Revolutionary Guard Corps (IRGC) on the EU's terror list.
Pieter Hoogendoorn, the author behind the new report, blasted EU foreign policy chief Josep Borrell, saying he's making 'excuses' when it comes to taking action against the IRGC.
Borrell told reporters on Jan. 23 before a meeting of foreign ministers in Brussels, that there are legal reasons why the EU can't list the organization as a terror entity.
"It is something that cannot be decided without a court, a court decision first," said Borell according to Reuters.
The European Parliament called on the EU to list the IRGC as a terrorist entity in January, blaming it for the harsh repression of domestic protests and the supply of drones to Russia for use in its war against Ukraine.
"Discussions on the IRGC continue among the member states. These discussions are internal and confidential therefore we cannot comment on them in public. Just to recall, the IRGC as entity and number of their commanders and members are already sanctioned under various EU sanctions regimes," said a Lead Spokesperson for Foreign Affairs and Security Policy at the European Commission.
The argument that the EU cannot list the IRGC as terrorists until an EU court has determined that they are, is baseless according to Hoogendoorn.
""This is false. This is misleading. The European Court of Justice has confirmed that in order to put a person, a group or an organization on the EU terror list that it has to have a competent authority starting an investigation into the matter, or to put the IRGC on the list in their country," explained Hoogendoorn.
Hoogendoorn said the “confirmation” follows from the case-law of the European Court of Justice (ECJ) in its interpretation of the so-called Common Position.
Council Common Position (CP 931) states that any person, group, or entity involved in terrorist acts can be designated “when a decision has been taken by a competent authority in respect of the person, group or entity concerned.” That decision could be instigation of an investigation or prosecution for either a terrorist act or even just an attempt to carry out such an act. It could also be merely a "condemnation" without conviction.
Despite Borrell’s statement, CP 931 also states that enlisting a terrorist organization can be made on information from non EU member states.
That means a court decision is not a necessary condition for designation.
The report points out that the evidence of Iran attempting such acts is already public knowledge.
Criminal gangs operating on the behest of the Islamic Republic of Iran, for example, are behind a string of terror attacks on Israeli embassies in Europe since October 7, according to Israeli and Swedish Intelligence agencies.
The Trump administration sanctioned the IRGC as a foreign terrorist organization in 2019. Canada followed suit in June of this year after immense pressure from the Iranian-Canadian community and family members of victims of PS752.
In early July, the EU reportedly accepted a request from Germany to consider designating IRGC as a terrorist entity. Germany is not the only European country pushing for the listing of the Revolutionary Guard.
Since Germany is one of the EU states that has already taken the lead on this initiative, there is no need for an EU court to determine the IRGC as a terror organization.
Once it is agreed between European members states to label the IRGC as terrorists, then the European Council is legally obliged to implement the consequences of having them on the EU terror list.
The executive director of UN watch, Hillel Neuer, said this latest report provides more evidence that there is no legal reason not for the EU not to purse enlisting the IRGC a terror organization.
"This latest report only underscores what we have known for a long time. EU high commissioner Josep Borrell has no more excuses, " said Neuer.
"The evidence is clear to anyone who has eyes and ears. The IRGC is a terrorist organization that continues to carry out terrorist attacks around the world."