This study was supported by the European Social Fund (FSE) and by the Fundação para a Ciência e a Tecnologia (FCT), Portugal, under research grant No. SFRH/BD/136170/2018.

Panel M06: Transnational Religious Fundamentalism in Eurasia, 24 September 2020, h. 9:00-11:00 CET

Middle East Politics: Rightful and Legitimate Institutions or Terror Organizations?

Marco Marsili

Centro de Investigação do Instituto de Estudos Políticos da Universidade Católica Portuguesa (CIEP-UCP); Centro de Estudos Internacionais (CEI-IUL) do Instituto Universitário de Lisboa (ISCTE-IUL); Centro de Investigação, Desenvolvimento e Inovação da Academia Militar (CINAMIL); Centro de Investigação e Desenvolvimento do Instituto Universitário Militar (CIDIUM) § Is it reasonable to label state institutions as a "terrorist organizations"? Does it make sense? Is it lawful?

§ This research is aimed to investigate if a political party represented in a national parliament – or even a state or a government entirety or partially – can be considered a "terror organization", and therefore proscribed. Scope and § Through the analysis of some cases, this study assesses the legitimacy – or the lawfulness – of some Middle East political purpose of institutions. § The research takes into account, inter alia, the case of Hezbollah, a the study radical Islamic Shiite organization based in Lebanon, and the Islamic Resistance Movement (Hamas), a Sunni movement based in Gaza, both backed by the government of Tehran – Iran is also considered.

§ A broader framework in the region should take into consideration also Turkey, Syria, Saudi Arabia, Qatar and Afghanistan under the Taliban rule.

______Marco Marsili – IEPAS2020 Izz ad-Din al-Qassam Brigades (Hamas military wing), Palestine Hezbollah, Lebanon

______Marco Marsili – IEPAS2020 Hezbollah (Lebanon) in a nutshell

§ Hezbollah ("Party of Allah" or "Party of God”) is a political and paramilitary Lebanese party founded in 1982.

§ It is a radical Islamic Shiite organization backed by Iran and Syria.

§ Hassan Nasrallah (pictured) is the party leader since 1992.

§ Hezbollah participates in the Lebanese Parliament and cabinet.

§ Hezbollah is not just a political party or a military strength: it operates a satellite television station, Al-Manar TV, a radio station, al- Nour; it provides social services, educational facilities, hospitals, clinics; supports economic and infrastructure development projects.

§ We can define Hezbollah "a state within a state".

______Marco Marsili – IEPAS2020 § The classification of Hezbollah (or Hizballah) in its entirety as a terrorist organization is dispute; it’s status swings from a legitimate political party, to a terrorist group, a resistance movement, or some combination thereof. Hezbollah § For most of the Arab and Muslim world, Hezbollah is considered an anti- Zionist resistance movement, engaged in national defense against the illegitimate State of Israel. § Some governments make a distinction between Hezbollah's political and Political party military wing, classifying only the latter as a terrorist organization. § The U.S. designated Hezbollah a Foreign Terrorist Organization (FTO) or terrorist and Specially Designated Global Terrorist (SDGT). § France, Germany,U.K., Canada, the Netherlands, Lithuania, Israel, organization? Argentina, Colombia, Paraguay, Honduras, Kosovo, Serbia, Japan, Bahrain, UAE, the Cooperation Council for the Arab States of the Gulf (GCC) and the Arab League consider Hezbollah as a whole a terrorist organization. § The EU and New Zealand blacklisted Hezbollah's military wing but not Hezbollah as a whole. § Australia listed only Hizballah's External Security Organization (ESO).

______Marco Marsili – IEPAS2020 Hamas (Palestine) at a glance

§ Hamas is a Palestinian Sunni-Islamic fundamentalist militant organization founded in 1987 as an offshoot of the Society of the Muslim Brothers.

§ Hamas' funds are provided by Islamic charity organizations, the Muslim Brotherhood, Iran and Gulf states.

§ Izz ad-Din al-Qassam Brigades (EQB) is the military wing of Hamas. The EQB were created in mid-1991 during the Oslo Accords negotiations to provide Hamas with a paramilitary capability.

§ Hamas is a legitimate ruling party since the 2006 Palestinian legislative election, when it won a majority and formed a cabinet, later dissolved and followed by a national unity government with Fatah.

§ It has been the de facto governing authority of the Gaza Strip since its takeover of that area in 2007.

§ Hamas has a welfare wing, Dawah, providing social services to Palestinians in the Gaza Strip, including running relief programs and funding schools, orphanages, mosques, healthcare clinics, libraries, mosques, soup kitchens, sports leagues and education centers for women. It also builds nurseries and kindergartens and supervises religious schools which provide free meals to children.

§ Hamas runs also its own official satellite television station, Al-Aqsa TV, broadcasting from the Gaza Strip. ______Marco Marsili – IEPAS2020 § Hamas political objectives are connected with territorial claims: the creation of an Islamic state in Palestine, in place of Israel and the Palestinian Territories, and the liberation of the land occupied by Israel, on which weighs the uncertainty of recognition as legitimate state.* Hamas § By changes in geopolitical circumstances, since Oct. 2014 the State of Palestine obtained recognitions as de jure sovereign state from 138 governments, including Russia, but not from the U.S. and Israel – the legal status of the State of Palestine is disputed – therefore superseding and overlapping the Palestine Political party Liberation Organization (PLO) and the Palestinian National Authority. § The characterization of Hamas as a terrorist organization is disputed, too. or terrorist § In the Arab and Muslim world, Hamas is considered a legitimate political actor. organization? § Hamas as a whole is proscribed by the U.S., Canada,Egypt,Israel, Japan, the EU. § U.K., Australia and New Zeland have designated only the military wing of Hamas, the Izz ad-Din al-Qassam Brigades, as a terrorist organization. § Hamas is banned in Jordan, but is not blacklisted by Iran,Russia,Norway, Switzerland, Brazil, Turkey, China,and Qatar, just to mention a few.

* The Palestinian territories have been suffering the Israeli occupation since 1967, even if the right of the Palestinian people to self-determination and independence has been recalled by many UN General Assembly resolutions (see, e.g.: A/RES/49/149; A/RES/50/140; A/RES/52/114). ______Marco Marsili – IEPAS2020 On 27 Dec. 2001 the Council of the European Union adopts a Common Position and a Regulation to combat terrorism (No. 2580/2001) and a Decision establishing a list of terrorist organizations, which includes Hamas and its military wing Al-Qassam Brigades. These measures require the freezing of the funds of individuals and entities enlisted. Hamas contested its inclusion in the list and brought the case before the General Court (EGC), which annulled the measures. The ECG argued that the measures were based not on acts examined and confirmed in decisions of competent authorities but on factual imputations derived from the press and the Internet, but on elements which have been concretely examined and confirmed in decisions of national competent authorities within the meaning of the Common Position (Hamas v. Council of the European Union, Case T-400/10, EGC, Second Chamber, 17 Dec. 2014, ECLI:EU:T:2014:1095). ______Marco Marsili – IEPAS2020 Iran: a terrorist state? Hezbollah & Hamas are proxies of a state designated as "sponsor of terrorism" by the U.S. ______Marco Marsili – IEPAS2020 In 2019 the U.S. Government took action against top Iranian officials and state entities.

• In April the U.S. State Department designated the Islamic Revolutionary Guard Corps (IRGC) in its entirety, including the Qods Force, as Foreign Terrorist Organizations (FTOs). It is the first time that the United States has designated a part of another government as an FTO. National Security Adviser John Bolton said labelling the IRGC as terrorists was "the rightful designation”. • The IRGC joined the FTO list, which included 67 other terrorist organizations, inter alia: Hezbollah, Hamas, Palestinian Islamic Jihad, Kata’ib Hezbollah, and al-Ashtar Brigades. • In June the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), pursuant to President Donald J. Trump’s Executive Order (E.O.) 13876 of June 24, imposed sanctions on the Supreme Leader of the Islamic Republic of Iran, Ali Husseini Khamenei, and his office, accused to “promote international terrorism” and to be members of “a shadow network” that exports terrorism around the world. • In July the U.S. Treasury added Supreme Leader Khamenei and the Iranian regime’s Foreign Minister, Javad Zarif. Zarif has been considered responsible, in his capacity, of coordinating the terror organizations IRGC-Qods Force (IRGC-QF). • In November the OFAC targeted Iran’s Supreme Leader ‘inner circle’: Mojtaba Khamenei, the Iranian leader's son; Gholam-Ali Hadad-Adel, the junior Khamenei's father-in-law and an advisor to the supreme leader; Ebrahim Raisi, the head of the Iranian judiciary; Mohammad Mohammadi Golpayegani, Khamenei's Chief of Staff; Vahid Haghanian, a top aide to Khamenei; Mohammad Bagheri, who was appointed to head the Iranian Armed Forces General Staff; Hossein Dehghan, a brigadier general with IRGC. ______Marco Marsili – IEPAS2020 § "Terrorism" and "terrorist" are ‘gray words’: lacking an undisputed and legally binding definition, both terms has subjective and arbitrary meaning. § The carachterizaton of a political party as a terror organizations or as a rightful and legitimate political movement rests on national and geopolitical interests rather Key findings than on objective and legal requirements. § Alliances and international relations influence decisions of and governments on which political organizations and conclusions institutions are considered "terrorists" and which are not. § It’s strongly questioned if a branch of an executive or a government as a whole can be proscribed. § The international community should find a common legal definition of the terms "terrorism" and "terrorist" through an ad hoc convention.

______Marco Marsili – IEPAS2020 Reference sources § Australian Government, Australian National Security. Listed terrorist organisations. https://www.nationalsecurity.gov.au/Listedterroristorganisations/Pages/default.aspx. § Marsili, Marco (2016). The Birth of a (Fake?) Nation at the Aftermath of the Decomposition of USSR. The Unsolved Issue of Post-Soviet 'Frozen Conflicts’. Proelium, 10, 167–168. § Marsili, Marco (2016). The Islamic State: A Clash within the Muslim Civilization for the New Caliphate. Studies in Conflict and Terrorism, 39(2), 85–105. DOI: https://doi.org/10.1080/1057610X.2015.1100010. § Council Decision 2011/70/CFSP updating the list of persons, groups and entities subject to Art. 2, 3 and 4 of Common Position 2001/931 on the application of specific measures to combat terrorism (OJ 2011 L28), whereby it maintained the applicant on the list, and Implementing Regulation (EU) No. 83/2011 implementing Art. 2(3) of Regulation No. 2580/2001 and repealing Implementing Regulation No. 610/2010 (OJ 2011 L28). § Office of the High Commissioner for Human Rights, (2017). Occupied Palestinian Territory. http://www.ohchr.org/EN/Countries/MENARegion/Pages/PSIndex.aspx. § Pina, Aaron D. (2006). Fatah and Hamas: the New Palestinian Factional Reality, CRS Report for Congress RS22395. Washington, DC, CRS. § Hamas v. Council of the European Union, Case T-400/10, EGC, Second Chamber, Dec. 17, 2014, ECLI:EU:T:2014:1095. § Council Common Position of 27 Dec. 2001, OJ 2001 L344. § Council Regulation (EC) No. 2580/2001 of 27 Dec. 2001, OJ 2001 L344. § Council Decision of 27 Dec. 2001 establishing the list provided for in Article 2(3) of Council Regulation (EC) No. 2580/2001, OJ 2011 L344. § Council Notice of 2 Feb. 2011 for the attention of the persons, groups and entities on the list provided for in Art. 2(3) of Regulation No. 2580/2001 (OJ 2011 C33). § Organisation of Islamic Cooperation (2016,7 Jan.). OIC Secretary General Receives Khaled Mashal, Leader Of Hamas Political Office. http://www.oic- oci.org/oicv3/topic/?t_id=3179&ref=1375&lan=en. § Kirby, John (2016, 12 Sept.). Daily Press Briefing. http://www.state.gov/r/pa/prs/dpb/2016/09/261773.htm#. § U.S. Department of State Office of the Spokesperson (2019, 8 Apr.). Designation of the Islamic Revolutionary Guard Corps. https://www.state.gov/designation-of-the-islamic- revolutionary-guard-corps. § Bolton, John (2019, 8 Apr., 4:00 PM ). https://twitter.com/ambjohnbolton/status/1115268208427139073. § Executive Order 13876 of 24 June 2019 on Imposing Sanctions With Respect to Iran, Federal Register 84 (123), Wednesday, 26 June 2019, 30573. § New Zeland Police. Lists associated with Resolution 1373. https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities/lists-associated- with-resolution-1373. § State of Palestine/PLO Negotiation Affairs Department (2019). From Temporary Occupation to Permanent Annexation: Israel’s Acquisition of Palestinian Territory by Force. https://www.nad.ps/sites/default/files/10152019.pdf. § State of Palestine/PLO Negotiation Affairs Department (2020). Looming Annexation: Israel's Denial of Palestine's Right to Exist. https://www.nad.ps/sites/default/files/06302020.pdf. § U.K. Government, Home Office. Proscribed terrorist groups or organisations. https://www.gov.uk/government/publications/proscribed-terror-groups-or-organisations--2, § U.S. Department of the Treasury (2019, 31 July). Treasury Designates Iran’s Foreign Minister Javad Zarif for Acting for the Supreme Leader of Iran. https://home.treasury.gov/news/press-releases/sm749. § U.S. Department of the Treasury (2019, 5 Nov.). Treasury Designates Supreme Leader of Iran’s Inner Circle Responsible for Advancing Regime’s Domestic and Foreign Oppression. https://home.treasury.gov/news/press-releases/sm824. § U.S. Department of State, Bureau of Counterterrorism. Foreign Terrorist Organizations. https://www.state.gov/foreign-terrorist-organizations. § U.S. Department of State, Bureau of Counterterrorism. State Sponsors of Terrorism. https://www.state.gov/state-sponsors-of-terrorism. ______Marco Marsili – IEPAS2020 Abstract available in the Conference Programme & Abstract Book — Proceedings of IEPAS2020 http://eurasianpoliticsandsociety.org/wp-content/uploads/2020/09/IEPAS2020-Conference-Programme-Abstract-Book.pdf

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The complete paper will be published and disseminated after the conference ______Marco Marsili – IEPAS2020 Thanks for your attention La commedia è finita! This study was supported by the European Social Fund (FSE) and by the Fundação para a Ciência e a Tecnologia (FCT), Portugal, under research grant No. SFRH/BD/136170/2018.

The participation in this conference was possible thanks to the funding by the Military Academy Research Center (CINAMIL), Portuguese Army, Ministry of National Ministry of Defence (MDN), Portugal

Skype: marcomarsili Twitter: @marcomarsili1 Telegram: @MarcoMarsili Facebook :@marco.marsili1 E-mail: [email protected] Site: http://www.marcomarsili.it https://doi.org/10.5281/zenodo.4042097 https://doi.org/10.5281/zenodo.3996514