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EU must accept Guantanamo Bay detainees to renew transatlantic counterterrorism cooperation, says new report

The EU should seize the opportunity to influence President Obama's efforts to reform US counterterrorism policy by agreeing to help close Guantanamo and work towards a new European-American framework of principles for fighting terror. This is the main finding of a policy brief by European Council on Foreign Relations human rights expert Anthony Dworkin.

In Beyond the "War on Terror": Towards a New Transatlantic Framework for Counterterrorism, Anthony Dworkin argues that the European Union has a chance to help define new transatlantic standards for combating terrorism in line with traditional European and American values, which gives a framework for the fight against terrorist groups.  Despite a heated debate over President Obama's recent announcements on military trials and detention, his policies are a significant improvement on President Bush's "war on terror", showing greater respect for international law and due process.  The European Union can influence the development of these policies by opening a new dialogue on principles for counterterrorism with the US that could lead up to a high-profile joint public declaration.

But this will only happen, the policy brief argues, if the European Union moves swiftly to agree a joint framework for taking significant numbers of detainees from Guantanamo Bay when European interior ministers meet on 4-5 June to discuss the re-housing former Guantanamo prisoners.  Critics, including Richard Cheney, have argued that closing Guantanamo is a gesture to appease Europeans. It therefore undermines the administration's efforts if Europeans are seen to be shirking their burdens on counterterrorism and national security.

The brief recommends that the EU must review its own counter-terrorism principles - given the variety of views that exist within member states. It also calls for a "public declaration" with the US to show that the divisions on issues - from the definition of torture to illegal detention - that have plagued international law and transatlantic relations for the last eight years have finally been overcome.  This would provide a logical response to Obama's message that terrorists will achieve a major success if they alienate the US from its natural allies.

The author of the report had already been advocating such a public statement when US Deputy Secretary of State James Steinberg floated the idea of a joint declaration earlier this year.  Now it is up to Europe to drive the idea. Given the symbolism involved, the best place and timing for signing such a declaration is Spain during next year's EU-US summit.  In March 2004, Spain suffered the most devastating terrorist attack Europe has seen, making the signing of a transatlantic declaration on the fight against terrorism during Spain's EU presidency all the more poignant.

Dworkin says:

"Europe cannot be expected to be listened to in the US on counterterrorism issues if it is not prepared to help resettle a significant number of Guantanamo Bay detainees.   It will then have the credibility to help shape the development of US policy and work towards new shared transatlantic principles for counter-terrorism" 

The brief's findings include:

1. President Obama's approach to counterterrorism will bring Europe and the United States significantly closer in their response to security threats.  Obama has dropped the idea that the "war on terror" requires an exception to normal rules.  Instead he has argued that the fight against terrorism must comply with international law, and has pledged to restore US legitimacy. 

2. There will still be some differences between EU and US views on terrorism. Under Obama the United States continues to regard the fight against al-Qaeda as a form of armed conflict that enables the US to detain some suspected terrorists without trial or prosecute them before military tribunals.  However, many of these measures fall into a grey area and might be seen as legitimate by European governments even if they don't officially agree.

3. Accepting former Guantanamo Bay prisoners will be essential for Europe to influence the development of US counterterrorism policy.  France has recently accepted a non-resident, and several other EU countries-including Portugal, Spain, Ireland, Italy, Lithuania and Belgium-have said they will consider doing so.  The European Union is scheduled to discuss a common framework for dealing with Guantanamo inmates on 4-5 June.

FOR THE FULL TEXT OF THE REPORT: http://ecfr.eu/page/-/documents/ECFR_counterterrorism_brief.pdf

RECOMMENDATIONS

1. The EU should open a dialogue on principles for counterterrorism with the US, with the aim to produce agreement on a common framework.  The signing of a declaration during the Spanish EU presidency would have particular resonance as Spain has suffered the most catastrophic terrorist attack of any country in Europe.
   
2. Europe must agree a common position on the resettling of Guantanamo Bay detainees.  So far the debate in Europe has mostly revolved around security concerns.  But the EU is unlikely to succeed in agreeing common principles with the US unless it shows it is a credible partner by helping close the Guantanamo detention centre.
   
3. As part of this process, Europe should press the US to reaffirm its commitment to fundamental principles of international humanitarian law and human rights.  Uncertainty about US support for these principles has made joint military and security operations between the US and EU member states much more complicated.
   
4. The EU must launch a review of its core counterterrorism principles, with the aim of uniting the 27 member states around a common position on the full range of principles framing the fight against terrorism.  This is necessary for Europe to agree a new declaration with the US- Europeans must define their own views and decide how willing they are to accept difference with the US.
   
5. EU member states and the US should establish essential rules of due process to govern detention.  These rules could apply both in armed conflict and other situations, and establish minimum conditions for when people can be detained as security threats.
   
6. The EU should work to introduce European views into the US's counterterrorism task forces, on issues such as the detention of prisoners in a post-Guantanamo world. This would reinforce the transatlantic dialogue.

NOTES TO EDITORS

1.      Beyond the "War on Terror": Towards a New Transatlantic Framework for Counterterrorism was written by Anthony Dworkin, Senior Policy Fellow at the European Council on Foreign Relations.

2.      This report, like all ECFR publications, represents the views of its authors, not the collective position of ECFR or its Council Members.

3.      Mr. Dworkin can be reached for comment at .(JavaScript must be enabled to view this email address) or on +44 7879 636701.

5.       For all media enquiries please email .(JavaScript must be enabled to view this email address) or telephone +44 20 7031 1623.

6.      The European Council on Foreign Relations (ECFR) is the first pan-European think-tank. Launched in October 2007, its objective is to conduct research and promote informed debate across Europe on the development of coherent and effective European values based foreign policy. (http://www.ecfr.eu/)