MILNET: The Terrorist Nations

Who Are They, How Do They Contribute, What Have They Done Lately

According to the U.S. State Department's Office of the Coordinator for Counter-Terrorism there are some 28 organizations classified as terrorist organizations.  The DoS also has classified 7 countries which are engaged in active support of Terrorism.  The definition used by State Department is pretty clear 1  on what defines a terrorist nation. Activities described in such language as "the gathering of information on potential targets of terrorist activity" and "the providing of any type of material support, including a safe house, transportation, communication, funds, false identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity" are those that should concern us the most.

The modern terrorist is a criminal.  This follows the Geneva convention which states that a soldier engaged in combat must owe his allegiance to an identifiable country.  After all, a soldier acts as part of a military arm of a country, and thereby is acting out military action sanctioned by that country.  A countryless fighter is no longer a soldier.  The logic behind the Geneva convention argument is that acts of military violence are condoned because the meet a set of limits determined to be acceptable for warfare, and one of the greatest tenets is the ability for response or retaliation to an act of military violence.  A countryless soldier leaves no response or retaliation possible.  Hardly an equitable situation.

Thus modern terrorism has forced the governments fighting terrorism to identify those countries sponsoring terrorism so retaliation can be meted out to those providing sanctuary and training to terrorists. Retaliation can take the form of economic sanctions such as import/export embargos and the freezing of assets or more deliberate and direct action such as attacks on terrorist strongholds.

In February, 1999 2, the U.S. list of countries sponsoring terrorism included:

The definition is actually in two places in U.S. law, the second being in the laws governing import and export in order to clearly spell out how sanctions are implemented for U.S. companies and citizens.  For instance in a section of the code, it spells out control by a terrorist state (US Code 252.209-7001).
 

The Countries

The following text is taken directly from the Department of State report, Patterns of Global Terrorism: 1999 3 report.


 

Additional Countries

In July of 1999, moves were being made to add Afghanistan to the list is response to Usama Bin Liden's training camps and efforts to attack the U.S. with terrorism planned from his various headquarters in that country.  In the State Department's report to Congress that year, the Secretary reported:

"Prior to the UN sanctions, in July 1999, we imposed by executive order sanctions against the Taliban that froze their assets in the United States and banned all trade, excluding humanitarian assistance, until they surrender Usama Bin Laden to a jurisdiction where he can face justice. To date, approximately $250 million in assets have been frozen and fund transfers in which the Taliban have an interest amounting to $1.6 million has been frozen. These measures, combined with UNSCR 1267, are causing governments and companies to avoid doing business with the Taliban." 4
The U.S. Department of State has listed the terrorists who have called Afghanistan home, from the perspective of having headquarters their or having trainded there:
"The list of terrorists that live in or have lived in, have trained in, are headquartered in, or financed from Afghanistan gets longer all the time. To name a few:

      Usama bin Ladin - indicted for terrorist attacks, including 1999 attack on U.S. embassies       in East Africa;

      Mir Aimal Kansi - 1993 attack on U.S. CIA workers;

      Ramsi Youssef - 1996 Bombing of the World Trade Center;

      Ayman al-Zawahiri, Muhammed Atef, Mohammad Rashed Daoud al-Owhali, Mohamed       Sadeek Odeh, and Fazul Abdullah Mohammad -- all indicted for the 1998 U.S. embassy       bombings in East Africa;

      Ahmed Ressam - 1999 planned attack launched from Canada;

      Raiz Basra - 1999 would-be assassin of former Pakistani Prime Minister Sharif;

      Abu Hawshar, cell leader of 1999 thwarted attack in Jordan; Raid Hijazi, deputy cell       leader; and Khalil Deek and Abu Qatadah also wanted for the thwarted attack in Jordan;

      Taha Musa - of the Egyptian Al-Gama'at al-Islamiyya organization;

      Ibn al Khattab - field commander in Chechnya;/li>

      Shami Basayav - field commander in Chechnya; and

      Tohir Yuldashev - IMU commander. " 5

The U.S. sought and won a U.N. Security Council resolution to install international sanctions against Afghanistan.  Security Council Resolution 1267 imposed an embargo against the Ariana Afghan airline and froze assets worldwide.   Theoretically, the freezing of assets is a well known means of providing for payment for restitution to victims of terrorist acts and allows countries and citizens to sue for these monies from their home countries, with the World Court distributing these funds from the frozen assets. In actual practice, however, the assets are typically used by non-terrorist governments to help fund the fight against terrorism. A good example is the use of Iraqi frozen assets being used to fund the U.N. Inspection teams when there were being allowed into Iraq to inspect for weapons of mass destruction or the facilities to manufacture them.
 

Sanctions

The U.S., has for nearly a decade, made attempts to counter states who sponser terrorism by writing sanctions into law.  The most famous of these is the 1996 "D'Amato Law" named after Senator Alfonso D'Amato who sponsered the legislation. In essence, this law made it illegal to invest in countries identified as terrorist sponsoring nations.  The law seeks to cause damage to companies investing in those countries. At the time, chief most in interest were Libya and Iran. 2

As cited earlier, the effect of similar legislation has resulted in modifications to the U.S. import and export laws.  In  U.S. Code, section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)) the Secretary of State is required to identify on a regular basis those countries who sponser terrorism.  Countries listed by the Secretary of State fall under explicit export controls including bans on just about every kind of commerce, and the cited regulations include tough penalties for disobeying them.

Sanctions also include the freezing of assets in the U.S. for nations on the terrorist list. Theoretically this allows U.S. citizens who have been harmed by actions of terrorists associated with the terrorist nations to sue for reperations. In practice, however, the assets are typically used by governments to assess funds to be used in repairs or to further fight terrorism. It also allows the U.S. government to recommend to the United Nations to also levy similar sanctions, which in turn allows other governments and their citizens to apply to the World Court for reperations.
 
 

End Notes:

1  Section 212 of the Immigration and Nationality Act, sub section VI, paragraphs iii, which begins with "ENGAGE IN TERRORIST ACTIVITY DEFINED" as mirrored online byMILNET at
    1999/fto_info_1999.html#definition

2  State Sponsorship of Terrorism, Steve Macko, Emergency Response and Research Institute, May 3, 1997, as mirrored by MILNET online at ../erri/stateter.htm

3  Patterns of Global Terrorism: 1999, Secretary of State Madeline Albright, U.S. Department of State.April 2000, as mirrored online by MILNET at 1999/1999index.html

4  U.S. Counterterrorism Efforts Since the 1998 U.S. Embassy Bombings in Africa, as mirrored by MILNET online at 0800-counterterror.html

5  Ambassador Michael Sheehan, Coordinator for Counterterrorism, in testimony before the House Judiciary Committee, Subcommittee on Crime, Washington, DC, December 13, 2000,  as mirrored online by MILNET at
sheehan-121300.htm
 
 
 


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