U.S. Pushes for E.U. Terrorist Organization Label for Hezbollah

The U.S. is stepping up pressure on the European Union to declare the Lebanese militant group Hezbollah a terrorist organization.^[1] A U.S. House of Representatives' panel will highlight the importance of Europe as a fundraising base for the group. Hezbollah has long been held responsible by the United States for anti-U.S. and anti-Israeli attacks.^[2]

Hezbollah has a significant presence in some European countries, and experts say that its operations on the continent are essential for its financing.^[3] A designation by the E.U. would require member-nations to freeze the group's assets held in their jurisdiction. "An EU ban on Hezbollah could have a significant impact, particularly in terms of its ability to use Europe as a fundraising and recruiting base," said Michael Jacobson, a former Bush administration treasury official.^[4]

Yet still, some European countries have resisted an E.U. designation of Hezbollah as a terrorist organization, arguing that it is better to engage the group given its large role in Lebanese politics.^[5] These skeptical European officials have argued that changing policy on Hezbollah could affect the political balance in Lebanon and further destabilize the country.^[6]

The U.S. government has considered Hezbollah a foe since the 1980s and used its own decade-old designation to seize assets and freeze the group out of the U.S. financial system.^[7] The Bush administration once signaled that it might soften the U.S. stance as the group participated in Lebanese elections, but that was before Hezbollah triggered a war last year by kidnapping three Israeli soldiers and stepped up a campaign to bring down the Lebanese government.^[8]

Jacobson says that while many European country's openly support labeling Hezbollah a terrorist group, efforts to pressure the E.U. are complicated because it is not clear how many countries are blocking the move; under E.U. rules a unanimous vote is needed to designate a terrorist organization. The deliberations happen anonymously behind closed doors.^[9]

Designating entities as foreign terrorist organizations [hereinafter FTO] has more impact than simply freezing assets. Section 219 of the Immigration and Nationality Act^[10] states that the Secretary of State “is authorized to designate an organization as a [FTO] … if the Secretary finds that:”

• the organization is foreign
• the organization engages in terrorist activity, in terrorism, or retains the capability and intent to engage in terrorist activity or terrorism; and
• the terrorist activity or terrorism of the organization threatens the security of the US nationals or the national security of the US.^[11]

Seven days before making such a designation, the Secretary must, by classified communication, notify the Speaker and Minority Lead of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of both houses of Congress.^[12] Within seven days of providing that notification, the Secretary must publish the designation in the Federal Register.^[13] Congress can repeal the designation through an Act of Congress.^[14] The effect of such a designation has criminal ramifications under 18 U.S.C. § 2339B, which makes it a crime for a person to provide material support or resources to a FTO. 18 U.S.C. § 2339B(a)(1). However, to constitute a violation of this section, the person “must have knowledge that the organization is a designated terrorist organization.”^[15]

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^[1] AP Staff, U.S. lawmakers pressuring EU on Hezbollah terrorism designation, Associated Press Newswire, June 20, 2007, available at LEXIS, News Library, Wire News Services File.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id. § 1189(a)(1).
^[12] Id. § 1189(a)(2)(A)(i).
^[13] Id. § 1189(a)(2)(A)(ii).
^[14] 18 U.S.C. § 2339B(a)(1)(2007)
^[15] Id.