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US-EU Summit Leaders Take Positive Steps To Strengthen Cooperation For Combating Terrorism

By Victor Comras

Terrorism was one of the critical and overarching topics during President Bush’s June 21st meeting with EU leaders in Vienna. The EU-US Summit, and the numerous preparatory meetings that preceded it, have provided an important opportunity to assure that the US and Europe remain in lock-step in the war on terrorism. That has meant solidifying cooperation while seeking to resolve or mitigate important differences. The major EU complaint has been Europe’s perception that the US has sacrificed important privacy and human rights principles in its quest for security. This has led European leaders, including EU Foreign Policy Chief Javier Solana, to publicly call on the US to close down Guantanamo as a terrorist holding facility.

For its part, the US wants to stop the squabbling with Europe on peripheral counter-terrorism issues and to show the world a common US-EU stance when it comes to combating terrorism. The Declaration issued at the close of the meeting goes a long way in achieving this objective. In this regard the Summit participants also declared their interest in a possible new tripartite cooperation agreement (in the field of justice and home affairs) between the EU, the Russian Federation and the United States to combat terrorism. Also important is the group's new commitment “to agree without delay on a Comprehensive UN Convention on International Terrorism and on a universally accepted definition of terrorism, and {to} work with others towards a targeted UN strategy on combating terrorism.” The absence of a universal definition of terrorism has significantly hampered efforts to impose international obligations to cut off support for terrorist groups and to curb terrorism financing.(see my earlier blog). Moving ahead now on such a treaty, and definition, will place new increased pressure on the OIC and its members to agree to the draft definition developed by UN Sixth Committee negotiators. It will also mitigate the effect of their non participation.

The Vienna Summit Declaration up front stresses a common commitment on the part of the EU and the US to “ ensure that measures taken to combat terrorism comply fully {with} international obligations, including human rights law, refugee law and international humanitarian law.” But it also pledges that “We will step up our cooperation against terrorism, including through denying resources (financing, travel and other material support) and shelter to terrorists, and we will coordinate efforts to prevent a new generation of recruits from emerging by countering radicalization and recruitment….” Special attention is given to the need to tighten up border security, coordinate the implementation of biometric standards, and to develop and better utilize international measures to identify and block terrorism financing. This includes upgrading FTAF and developing improved procedures for information sharing. It also means undertaking more pro-active financial investigations to implement FATF’s Special Recommendations. The need to curb illicit cash transfers also gets special mention.

Another interesting new initiatives is the agreement to enhance cooperation and information between Eurojust and the US Justice Department and other relevant police and investigative agencies. Eurojust was established by the EU in 2002 to enhance cross border cooperation between its member state’s police, investigative and judicial authorities. Eurojust also brings together investigators and prosecutors from different states dealing with specific cases to develop investigative strategy and share information. Unfortunately, Eurojust still has a way to go to fulfill these objectives (see my earlier blog). Among the positive steps also are new commitments to move forward with stalled EU-U.S. Mutual Legal Assistance Treaty and Extradition Agreements. The Declaration expresses the hope that these will be brought into force as soon as possible.

Of course one must await the actions that follow the words to determine the real success of the June 21st US-EU Summit. But, from this point at least we can say they got the words right.

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