What will the recognition of Russia as a "state sponsor of terrorism" give Ukraine

Another step on the long way to punish the aggressor

On November 23, the European Parliament recognized Russia as a "state sponsor of terrorism". The voting took place during the monthly plenary session in Strasbourg. The resolution, as reported by the Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets, was approved by an overwhelming majority of votes: 494 in favor, 58 against and 44 abstentions.

Two days before that, a similar resolution was adopted by the NATO Parliamentary Assembly, and in October the Parliamentary Assembly of the Council of Europe did the same, becoming the first international organization to adopt such a decision. Separately, in recent months, the parliaments of Lithuania, Latvia, Estonia, Poland, the Czech Republic and the United States of America adopted resolutions recognizing Russia's terrorist nature.

Terrorist in different ways

When some state or organization recognizes Russia as a terrorist, we usually say: "recognized as a state sponsor of terrorism". But if you read these resolutions, you will find out that only the U.S. Senate resolution has such wording; the wording of the parliaments of other states and organizations is somewhat different. For example, the parliaments of Lithuania and Latvia recognized Russia as "a state that supports and commits terrorism"; in Estonia they called the Russian regime "terrorist" and Russia - "a state that supports terrorism"; Poland recognized the Russian government as a "terrorist regime" and accused Russia of "committing acts of state terrorism", the Czech Republic decided to consider "the current Russian regime as terrorist". And the NATO Parliamentary Assembly and the Parliamentary Assembly of the Council of Europe adopted a resolution calling on the allies to "clearly state that the Russian state under the current regime is a terrorist state". Even in the European Parliament resolution, "sponsor of terrorism" appears only in the title of the document, and in the text Russia is called a "terrorist state".

The fact is that the definition of "state sponsor of terrorism" is an invention of the USA, where this concept is enshrined in the legislation. All other states (except Canada, which, following the United States, also officially recognized the relevant status) and organizations operate only with the concepts of "terrorism" and "terrorist organization", so they decide how to designate an entire state that resorts to terror at their own discretion.

In addition to this official definition, America has a step-by-step punishment plan for the offending state, also spelled out in the legislation. 

Why Russia does not have the status of a terrorist state in the United States

According to the US Department of State, a state sponsor of terrorism is a country that "has repeatedly provided support for acts of international terrorism".

Such states are subject to four main categories of sanctions: a ban on foreign assistance from the United States, a ban on the export and sale of defense products, export controls on dual-use goods (e.g. technology), and various other restrictions, including financial restrictions. States that maintain any relationship with a terrorist state in the prohibited areas face secondary sanctions that may well duplicate the punishment for the terrorist state. Therefore, all those who touch the rogue state become "plague" themselves.

The US first used this mechanism in 1979, recognizing Syria, Iraq, Libya and South Yemen as state sponsors of terrorism and imposing sanctions on them. Since then, only Syria has remained on the list, and the other states have been removed. However, three others were added - Cuba (in 1982), Iran (in 1984) and North Korea (in 1988). For some time, Cuba and North Korea were deprived of the stigma of terrorists, but then they received the status again. Now the US list includes four states.

If the United States recognized Russia as a state sponsor of terrorism, the issue of its punishment for crimes (at least partial, but definitely effective) would be quickly resolved. Thanks to the mechanism of secondary sanctions, the terrorist state is guaranteed to be isolated at the international level.

However, the United States has not yet done so, because the Senate resolution is not binding, but only recommends that the Secretary of State, who has the authority to make the appropriate decision, do so. The post of Secretary of State is now held by Anthony Blinken, and he, along with President Joe Biden, is against it.

The White House believes that the designation of Russia as a state sponsor of terrorism by the United States could lead to "weakening support for Ukraine and harm humanitarian efforts".

"Recognizing Russia as a sponsor of terrorism could have undesirable consequences for Ukraine and the world," White House spokeswoman Karin Jean-Pierre said. In particular, according to Washington, it may affect the supply of aid to certain areas of Ukraine, harm humanitarian efforts to facilitate food exports - complicate the implementation of the "grain deal". The US also sees such recognition as a threat to "the process of bringing Vladimir Putin to justice and the ability to support Ukraine at the negotiating table".

There is another reason why, according to experts, the United States does not recognize Russia as a state sponsor of terrorism. For example, the 5th US Ambassador to Ukraine John Herbst told about it. "If the U.S. recognized Russia as a state sponsor of terrorism, then any person in the world, regardless of citizenship, who suffered losses, damage or suffering from Russia, could apply to the court for compensation. And in this way Russia's money could be paid not only and not so much to Ukraine, but for example to Western companies that suffered losses because of Russia's attack on Ukraine. We all know, of course, about the huge resources that are frozen now in the international financial system, but as far as I know, the Biden administration wants to use them to reconstruct Ukraine after the war and support its economy."

In general, the White House insists that the severe restrictions already imposed on Russia correspond to the level of sanctions, which provides for the declaration of the state as a sponsor of terrorism. Canada shares the opinion of its American partners. But Ukraine and its European partners do not believe that this is enough. Therefore, while the inventors of the title of state sponsor of terrorism hesitate, Europe is trying to turn Russia into a pariah on its own.

Ukraine's task is to constantly remind the world why this should be done. A separate international sanctions group headed by the Head of the Office of the President of Ukraine Andriy Yermak and the Director of the Freeman Spogli Institute for International Studies Michael McFaul is doing this. 

What does the European Parliament propose

After its creation, the European Union did not have its own terrorist list for almost 10 years. It appeared a few months after the September 11, 2001 attacks on the United States. The EU list, which is regularly reviewed, consists of individuals, groups and organisations operating both inside and outside the EU. There have been no states on the list so far.

Those on the list are subject to the freezing of their money and other financial assets in the EU. In addition, EU individuals and legal entities are prohibited from providing money to people and organizations on the list. Some of the defendants are subject to restrictions related to police and judicial cooperation; they are also banned from entering the EU.

In the resolution, which was agreed on the eve of the vote, the European Parliament declares Russia a terrorist state and recognizes the actions of the Russian president, government, parliament and other state bodies as terrorist acts, which means that all official bodies of Russia, in particular the president, the Ministry of Defense and the Russian army, will be considered as a terrorist organization with all the consequences that follow. Additionally, the European Parliament recognizes the private military company "Wagner" as a terrorist organization.

The ultimate goal of the European Parliament's resolution is to encourage the European Council and EU member states "to recognize Russia as a terrorist state and to take effective measures for its complete international isolation by ceasing all cooperation with Russia, freezing contacts with its representatives and expelling Russian ambassadors, including from international organizations and forums such as the UN Security Council and the G20".

The resolution, as stated in the document, "underlines the need to update the EU's official policy towards Russia and the framework for cooperation with it to reflect the new reality, encourages the EU and Member States to establish an appropriate legal mechanism that would allow to recognize states as terrorists for committing terrorist acts, which would entail the application of substantial measures against such states, including serious diplomatic and economic restrictions, as well as measures against third states that cooperate with these terrorist states, because such a legal mechanism

So, so far there is no legal mechanism to help the EU punish Russia. There is only a plan and a sincere desire of at least some EU states to achieve justice. That is why these European states have adopted resolutions on recognizing Russia as a terrorist state: it is a way to declare a political position and put pressure on international institutions that have to take legal steps.

If we remember that in the case of Russia's aggression Europe started with "concern", there is progress. And, given the trend, the issue will eventually be resolved in favor of Ukraine. But it takes time, which we seem to be short of. 

Translated by Live: Ukraine

Link to the original article: https://ms.detector.media/trendi/post/30725/2022-11-23-chumna-terytoriya-shcho-dast-ukraini-vyznannya-rosii-derzhavoyu-sponsorom-teroryzmu

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