With Hezbollah Unchecked, the EU Falls Short of its Own Security Aspirations

Much like most things in the European Union, the question of designating Hezbollah in its entirety as a terrorist organization is a thicket of conflicting political interests, bundled in opaque and sometimes burdensome bureaucratic mechanisms, all branded in the EU’s usual – laudable, inspiring, but often feeble – value-based discourse. While there is no doubt that Hezbollah, as one entity – inseparable between its military and political wings – is a terrorist enterprise, for the EU this has been an open and protracted question for nearly 20 years. Aside for the important milestone in 2013 – when, on the heels of the deadly bus bombing in Burgas, Bulgaria, the EU decided to add the so-called military wing of Hezbollah to its terrorist list, there have only been few notable developments.  

The recent decision – dating April 30th, 2020 - by Germany to join the Netherlands (2004) and the UK (2019) in banning all of Hezbollah, comes only shortly before the country assumes the presidency of the European Union, as well as the unanimous resolution in Austria’s parliament calling on their government to follow suit, must represent a vigorous new push in this slow, uphill struggle to take on the group. So what are the challenges and the processes to be triggered, if this is to become realistic? 

Oh, the bureaucracy! 

Listing individuals or entities as terrorist, which in practice means being subject to a series of restrictive measures, is a consensus process in the EU – i.e., it must be agreed upon by the 27 member states –  a single country opposing listing is enough to block the whole process. Not only that, it is an 8-step procedure, with long built-in review slots, which involves nomination by a member state, consultations, recommendations, clarification periods and only then, a decision by the EU Council – the body that brings the member states together.  

What’s more: the definition of what constitutes terrorism is itself disputed, and while a common text exists (under Common Position 2001/931/CFSP), this serves only as a guideline. This is reflective of competences in matters of security: while the EU has increasingly tried to synchronize policy on foreign affairs, defense and counter-terrorism – the issues remain still largely decided at the national level.  

This is to say that, beyond the merits of the conversation itself and the inevitable political battles, the process too is no walk in the park. 

Oh, the politics! 

Many of the political considerations impeding stronger action against Hezbollah have been constant and long-lasting, while those that led to progress were rather the result of circumstance and bursts in advocacy efforts.  
France,  with its strong cultural and historical ties with the Lebanese Republic, has long been a major player in the anti-designation camp, based on the long-standing view that action against Hezbollah would contribute to further  destabilize Lebanon, particularly now at a time when the country is struggling with a sovereign debt crisis and up until the pandemic, engulfed in large-scale protests. 

This has reinforced the general discourse among EU foreign policy circles - that Hezbollah, as part of the ruling coalition in Lebanon’s government and together with its front as a “social” actor, is somehow instrumental to Lebanese stability, and that, on balance, it’s worth keeping ties with the organization in order to maintain communication channels open. 

Proponents of this view, alongside France, include for instance Belgium and the Scandinavian countries. While this narrative remains steadily in place, it was certainly disrupted by the aforementioned  July 2012 terrorist attack in Burgas, Bulgaria, in which Hezbollah operatives blew up a bus of over 40 passengers, leaving 6 dead: 5 Israeli tourists and the local bus driver. 

The Burgas attack – a turning point

It took a terrorist attack on EU soil to trigger serious discussions about designation.  Regrettably, what came out of this was a half-measure: artificially and nominally splitting Hezbollah into political and military wings and only labelling the latter a terrorist organization. This is of course a distinction without a difference – it is well documented that these two wings overlap and answer to the same command structure; Hezbollah itself does not regard its two alleged wings as separate entities. But what’s perhaps more noteworthy is that the EU countries now most in favor of maintaining the status quo were themselves the ones opposing this distinction prior to the 2012 attack. At the time, they were doing so to oppose a ban of any kind – even the limited one in place today – but I submit that their argument about a lack of substantive difference should stand.

Implications of the Syrian conflict

The turmoil in the Middle East makes it nearly impossible to speak about Hezbollah without touching on broader conflicts. Early into the Syrian civil war, the EU was reluctant to target Hezbollah, hoping to temper its operations in Syria on the side of the Assad regime. However, this failed and the atmosphere in Brussels started shifting, with mounting support for sanctioning Hezbollah one way or another. 

The attack in Burgas was simultaneous to this changing approach. And while publicly, the partial designation came as a direct result of the attack, the developments in Syria were certainly a contributing factor.
 
The partial ban doesn’t do nearly enough to help

There is a clear dissonance in the EU’s approach between the short-term effects of not upsetting Hezbollah and its coalition partners and the long-term effects of continuing to lend legitimacy to a murderous paramilitary organization which continues to be the main source of instability in Lebanon.

Last September, the U.N. Special Tribunal for Lebanon indicted Hezbollah member Salim Jamil Ayyash of three bombings targeting Lebanese politicians.  The tribunal is expected to pronounce judgment shortly on an earlier case against Ayyash, and four other Hezbollah fighters for orchestrating the bombing that killed Lebanese Prime Minister Rafik Hariri and 21 others and wounded 220 passers-by in 2005.

In addition, Hezbollah has continued in the past year to exert influence on Lebanese politics by questionable means, including assaulting demonstrators in Beirut and setting fire to their tents, intimidating and censoring journalists and buying votes. This is all in addition to its documented terrorist and organized crime activities abroad, including in the EU. 

A Secure Europe in a Better World

A Secure Europe in a Better World - this is the objective and motto of the European Security Strategy of 2003. It was the first time, following 9/11, that the EU put forward a comprehensive plan to address its security needs. It promised to do so – in EU spirit - “based on our core values”. 

In an increasingly polarized and tense international arena, the EU has positioned itself as one of the main moral, value-based actors. Yet its weak and politicized action – or rather inaction – has fallen short of this worthwhile objective. The calls to designate Hezbollah a terrorist organization are dismissed as hawkish or even biased and avoided by some of the key national-level actors. While enough support for a ban could in the long run theoretically be garnered from certain member-states, the mobilization of the EU’s oldest, largest members – strong democracies that shape the discourse of the EU - is essential, if the criteria is one of core values.

This should particularly be the case since the EU-Lebanon partnership priorities for 2016-2020 pledge to work with Lebanon to promote the shared values of democracy and the rule of law.

It’s worth remembering that one of the leading voices in 2013, following the Burgas attack, to ban Hezbollah entirely came from then-Dutch Minister of Foreign Affairs Frans Timmermans, of the Alliance of Socialists and Democrats, a champion of progressive politics. His example, back then, ought to be followed.
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The EU has, since 2003 and the adoption of the European Security Strategy, taken important steps in the fight against terrorism – from appointing a Counter-Terrorism Coordinator and reinforcing the Crisis Coordination Arrangements and the Civil Protection Mechanism, to increased data sharing with the US and other international actors. Yet without the political will to tackle the issues, we are not harnessing the full potential of these tools. The upcoming months are essential in maximizing the capital of the important decisions at the national level in Germany and Austria, and the EU must be sure to make use of the momentum.   

With the commemoration of 75 years after the liberation of Auschwitz just behind us, it’s becoming clear that there is a revisionist trend sweeping Europe.

The arc of post-World War Two history, however sluggish and bumpy, has generally bent in the direction of acknowledging responsibility. While tensions persist in many regions still today, European states have progressively come forward professing their role in the Holocaust and have taken steps, big and small, towards restitution and reconciliation. It’s futile to try to evaluate the degree of genuine remorse versus the pressure exercised by international standards or by public opinion in a changing national landscape; regardless, by and large, states have moved towards assuming their roles as collaborators or enablers of the Nazis.

But with a short historical memory and political sensibilities at play, recent years have brought to light just how fragile this path towards a universally accepted single, factual narrative is.

A Look to the National Level

You will remember the uproar caused in 2018 by a Polish law: a law seemingly excepting Poland from its historical responsibility, and that initially criminalized such expressions as “Polish death camps” or “Polish concentration camps.” While indeed these specific formulations are inaccurate, the anti-Semitism endemic to pre-war, wartime and post-war Poland is a reality. Many Polish collaborators outed, extorted and rounded up Jews for the Nazis. This is a reality that Poland tried to shield itself from and in so doing created an international fiasco.

But the Polish case is by no means singular: The preamble of the Hungarian Basic Law of 2011 states: “We date the restoration of our country’s self-determination, lost on the nineteenth day of March 1944 (note; the day of the Nazi occupation of Hungary), from the second day of May 1990, when the first freely elected body of popular representation was formed”. The Hungarian constitution does not directly deny the Holocaust, but the culpability of the Hungarian state for the organised murder of about 600,000 Hungarian Jews, and in so doing has contributed to such negative consequences as the glorification of Nazi collaborators, the rewriting of curricula and the creation of a controversial ‘House of Fates’ museum.

Recent proposed legislation in Lithuania has also caused outrage.  A bill drafted in the Seimas, the country’s Parliament, is titled, “The Lithuanian state, which was occupied in 1940-1990, did not participate in the Holocaust,”. Although Lithuania was occupied at the time, several Lithuanian leaders did collaborate with the Nazis. About 70,000 Jews were killed in Ponary forest during the Holocaust by German SS and Lithuanian collaborators. More than 90 percent of the 200,000 Lithuanian Jews were murdered. 
 
On an International Level: Minimization, Instrumentalization

The developments above, taking place at the national level are certainly distressing. What we’ve also seen, however, is the muddying of the waters on an international stage.

Unlike the national level where the actors involved usually come to the table with a nationalist agenda, we are seeing a frivolous depiction of the past on the international level, weaponized to deal with current political clashes – especially in response to Russia flexing its muscles globally and in Eastern Europe in particular.

In September 2019, the European Parliament debated a motion on the importance of European remembrance for the future of Europe focused on condemning the totalitarian regimes haunting 20th century Europe: Nazism and Stalinism. While the motion is not factually problematic, the tone clearly departs from the preservation of the singularity of the Holocaust. For instance, the motion “calls for a common culture of remembrance that rejects the crimes of fascist, Stalinist, and other totalitarian and authoritarian regimes of the past as a way of fostering resilience against modern threats to democracy” and stresses the importance of “recognising and raising awareness of the shared European legacy of crimes committed by Stalinist, Nazi and other dictatorships.” With these formulations and more, the Parliament is conflating the Holocaust with other 20th century tragedies and thereby depriving the Holocaust of the special focus it warrants.
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A perfect example of the difficulties at hand: while intending to emphasize the importance of remembrance, and to protect against revisionist trends today, the European Union falls into its own trap. As we look to the European Union to be one of the main checks in place to guarantee the preservation of the historical record, we must remind policymakers that guarding the memory of the Shoah, and avoiding its instrumentalization at all costs is crucial and foundational to the very essence of the European project. 

​The European Commission - the European Union’s powerful executive body, responsible for proposing legislation, implementing decisions, upholding E.U. treaties and managing the day-to-day business of the E.U.  - is being confirmed this week by the European Parliament. Earlier in July, former German Defense Minister Ursula von der Leyen was appointed commission president. Over the summer, she assembled a team of 27 commissioners nominated by the E.U.’s member states to be put forward to Parliament for approval. The U.K., currently in the midst of Brexit, has opted not to nominate a commissioner.
 
The team is gender-balanced, has an average age of 55.9 years and is mostly derived from Europe’s three largest political families (conservatives, social democrats and classical liberals). However, the proposed commissioners are not without controversy: At least four candidates are facing corruption allegations, and two of them, the Hungarian and the Romanian candidates, have already been rejected by committee in the initial rounds of hearings.
 
With eye-catching figures, murmurs and rumors in every corner, the question to keep in mind is, what does this mean for the issues important to us?
 
In short, three takeaways stand out. Two are good news, while one is not:
 

1. A German former defense minister at the head of the European Commission, coming from Angela Merkel’s center-right Christian Democratic Union party, is likely to be sensitive to issues faced by the Jewish community and to grasp the security issues Israel grapples with.
2. Commissioner for Justice Vera Jourova from the Czech Republic, who diligently and effectively oversaw the anti-Semitism portfolio over the previous 5 years, has now been confirmed as vice president for values and transparency and will hold on to the portfolio.
3. Spanish Foreign Minister Josef Borrell, the soon-to-be--confirmed high representative for foreign affairs and security policy, - the E.U.’s quasi foreign minister - is no friend of Israel. He is a strong supporter of the Iran Deal, just this Monday declaring it to be “the greatest achievement of European diplomacy” during his parliamentary hearing. He will likely be at the center of future hurdles in E.U.-Israel relations.

 
 
But before jumping to the implications of the new makeup of the commission, let’s open a bracket and look at the inventory the outgoing commission leaves for the new team.
 
The E.U.’s feeble, reluctant and occasionally one-sided involvement in the Middle East Peace Process was an object of criticism in the last mandate. Outgoing High Representative of the Union for Foreign Affairs and Security Policy Federica Mogherini has been herself a strong supporter of the Iran Deal, has withstood calls to add Hezbollah in its entirety to the list of terrorist organizations and has, consequently, often been deemed by Jerusalem as anti-Israel.
 
Beyond E.U.-Israel relations, though, much work has been done on combating anti-Semitism at the domestic level. While one could justifiably argue that it’s hard to speak of one thing without the other, the outgoing commission does deserve props on this front. Under the auspices of its first vice president, Frans Timmermans, and overseen by Jourova, Coordinator for Combating Antisemitism Katharina von Schnurbein, was appointed in late 2015 and since then has moved from success to success. Among other things, she pushed for the adoption of the International Holocaust Remembrance Alliance (IHRA) definition of anti--Semitism, brought about the second and largest-ever survey of perceptions and experiences of anti--Semitism among European Jews and the first-ever report of perceptions of anti-Semitism among young Jews and put in place a Commission Working Group on Anti-Semitism. The working group was  mandated by a declaration forwarded unanimously by the 28 E.U. member states in December 2018.
 
Beyond these necessary and important structural advancements, which signaled a significant change of pace in relation to past efforts, a strong narrative about Europe’s Jewish heritage and the place of the Jewish community in Europe today anchored the work on anti-Semitism.
 
What to expect next?
 
As Jourova assumes her role as commission vice president for values and transparency, she will be in charge of dialogue with religious organizations and communities, among her other duties, and thus is likely to continue her work on Jewish issues. She will oversee the Commissioner-designate for justice, Belgian Foreign Minister Didier Reynders, a friend of the Belgian Jewish community who, by the way, on the day of his nomination attended a B’nai B’rith Rescuers Citation event. If the previous commission is any indication, the topic of antisemitism and the protection of Jewish life in Europe will fall under their purview.
 
Also of interest: Vice President-designate from Greece Margaritis Schinas, a former commission spokesman, was caught in a storm of criticism about the title of his portfolio, “Our European Way of Life”. While some appreciated the not-so-veiled concerns over migration, others - myself included - were left wondering what this even means, and whether this title included the Jewish way of life and that of all other minorities, or was just meant as reassurance for the right--wing Christian conservatives that form the political home of the new commission president. Vice President Schinas will oversee Commissioner for Equality Helena Dalli, who is known in Malta for pushing through marriage equality in one of Europe’s most conservative countries. She will lead the fight against discrimination and thus may also be dealing with issues of antisemitism, although it remains unclear how responsibilities will be split between the equality and justice portfolios. Without much background of work either with the Jewish community or on matters relating to Israel, it seems a clean slate awaits us for both.
 
On foreign policy, those hoping they could finally sigh in relief over Mogherini’s concluded term ought to think again. Borrell, a former President of the European Parliament, comes in as high representative-designate with decades of experience as an outspoken and often polemic politician, with some troubling baggage regarding Israel and the region.
 
Although Borrell lived in Kibbutz Gal On shortly after graduating, where he met his first wife, he seemingly holds on to no positive feelings about Israel - at least as far as his foreign policy positions go.
 
He has spoken with some praise of the progress made by Iran since the Islamic revolution and Iran’s own state propaganda has described him as tough on Israel and fond of Iran, adding that “the Zionist entity is “wary” of the incoming E.U. foreign policy chief.” A keen supporter of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), he warmly welcomed Mahmoud Abbas to Strasbourg in 2006. We can only hope he will continue to hold the flimsy E.U. line on the conflict. It is worth noting that Borrell has met with B’nai B’rith leadership on the side of the U.N. General Assembly, which is hopefully indicative of his future receptiveness to our concerns.
 
So as the pieces of the puzzle start coming together and final confirmations of portfolios are announced, it’s sure that we’re entering a new chapter of Jewish and Israel advocacy here in Brussels. As the new B’nai B’rith Director of E.U. Affairs, I’m excited to tackle it all head-on. 

​The dust has settled, and final votes are in.
 
First off, the good news: Election participation was over 50 percent, the highest in over 20 years, and the much-feared landslide victory of far-right and Eurosceptic parties has been, at least in part, avoided. Only Great Britain, France and Italy saw them take the lead. Young people, especially, overwhelmingly voted for pro-European parties.
 
Overall, there was no clear winner, no comprehensive E.U. picture for the total of 751 seats in the European Parliament: Germany, Austria and Greece saw Christian democratic parties in the lead. Spain, Portugal, the Netherlands and Sweden saw the resurgence of social democratic parties. National-conservatives won elections in Belgium and Poland, and liberal parties won Estonia, the Czech Republic and Denmark. The Greens were able to gain significantly overall and increase their seats in the European Parliament to 69, as did the liberal parties.
 
At the same time, the Christian-democratic and socialist center lost a combined 80 seats.  The consequent loss of the overall combined majority of their respective political groups, the European People’s party (EPP) and the Socialists and Democrats (S&D), in the European Parliament is historic and will make the obligatory approval by vote in the European Parliament of either one of their commission presidential candidates, Weber or Timmermans, that much more difficult. This makes the stronger Greens and Liberals the kingmakers in the upcoming path to staff not only the office of commission president, but also other top E.U. institutional posts, such as foreign affairs high commissioner, parliament president and individual commissioner posts.
 
The new big coalition of far-right national parties, such as France’s Rassemblement National or Germany’s AfD, which had already been proclaimed during the election campaign, could make them the third-strongest group inside the European parliament, with up to 112 seats.  If the existing conservative and Eurosceptic party ECR were to join, the new power group could reach up to 171 seats, thereby overtaking the EPP and S&D, which would be a serious game-changer. Fortunately, this is highly unlikely to happen.
 
When it comes to Jewish topics, both Timmermans and Weber would be good candidates and proven partners for the commission’s top job. Weber has been strongly dedicated to the fight against anti-Semitism as EPP group leader, even launching his current election campaign in Auschwitz to emphasize his commitment and historical responsibility to Holocaust remembrance and combatting anti-Semitism.  Timmermans himself was responsible, as first vice president of the European Commission, for creating the crucial position of the E.U.’s Anti-Semitism Coordinator Katharina von Schnurbein, who was appointed by and reports directly to him.
 
But both might not make it, despite representing the two biggest political groups in the parliament, due to the lack of a combined majority. The current European commissioner for competition, the Danish Margrethe Vestager, who was also the lead candidate for the Liberals, has already started to strongly lobby and negotiate herself.
 
The impact on foreign policy, especially in regards to Israel and the Middle East peace process, but also Iran and the nuclear deal, is tough to predict at this point as well. There was overall strong support for Israel from right-wing conservative parties during the last mandate, and an often very critical, sometimes highly problematic position from Liberals and left-wing parties, including Greens.
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The growth on both sides of the political spectrum could mean a further polarization on this subject matter. The Green Party, for example, has been pushing some troubling pro-BDS rhetoric and events during the last years. The only voices of reason within the group were often the group’s German members, who prevented these topics from tilting even further into one-sided bashing. The doubling in size of German members in the Green group gives way to hope that increased German representation will further affect the group’s Middle East agenda in a positive way down the road.
 
But ultimately, this is just the beginning of months-long backroom castings and negotiations between heads of states for the top E.U. jobs. Their predecessors will be officially replaced only at the end of October at the earliest.
Until then, we will see significant change in the political group landscape, with the Liberal Group ALDE being joined by Macron’s En Marche, and the far-right groups forming their new coalition. The question is whether the Hungarian Fidesz party will stay in the EPP group, or if the U.K.’s Eurosceptic UKIP party will be joining the new right-wing coalition. Both parties were the election winners in their respective countries, and their decisions about which groups to join could further significantly alter the outcome and fragile power balance.
 
All of this will further impact the distribution of not only the top commission jobs, but also the parliament president and relevant committee chairs, who can heavily steer the agenda-setting and legislation themselves.

​The upcoming European Parliament elections will be crucial.
 
Amidst the chaos and confusion of Brexit, the established political parties, such as the center-right European People’s Party (EPP) and the center-left Socialists & Democrats (S&D), are predicted to lose a significant amount of seats and, with them, their combined majority in Parliament.
 
Years after the so--called migration crisis, the established parties have still not found an answer to rising far-right, populist and anti-European movements that have significantly grown among almost all EU member states, taking the lead in polls in at least three: Italy, Poland and France.
 
This trend will have significant impact on the new European Parliament, which is being elected from May 23rd to May 26th across Europe and will have its constituent session in July of this year.
 
In addition to S&D and EPP losing their combined majority, far-right and nationalistic groups are predicted to double their seats yet again. It was just announced that some of these groups are planning to form a new coalition with parties ranging from the German Alternative for Germany to the Danish People’s Party to the Italian 5 Star Movement that will significantly increase their influence in the EU Parliament.
 
 
To make matters worse, the biggest group, EPP, is shrinking further, having just suspended Victor Orban’s Hungarian Fidesz party due to its anti-European and anti-Semitic campaigns, which might also put into jeopardy the nomination of Spitzenkandidat Manfred Weber as new commission president.
 
With the election campaigns just starting, politicians from centrist parties are calling for a doomsday vote, hysterically reiterating the importance of this vote as the year of destiny that will make or break the European Union. But one cannot ignore the strange feeling of having seen and heard all of this before:
 
The slogans and warnings were the same in 2014 during the last elections, when the campaign promises from the various parties were almost identical to the current ones.
 
The only thing that seems to have changed, besides the increased urgency of the surge in right-wing populist movements, is the fact that the political groups in the EU Parliament spent yet another five years unable or unwilling to address the urgent issues and present a proper alternative to rising populism, nationalism and, with it, also the terrifying rise of anti-Semitism across Europe.
 
It might look as if the EU has done quite a lot in the time between the 2014 elections and today, including creating the position of a special coordinator on combatting anti-Semitism, implementing a code of conduct with IT companies to tackle hate speech and anti-Semitism online, adopting an EU Parliament Anti-Semitism Resolution in 2017 and Council Declaration in 2018 and making combatting anti-Semitism a priority in the last two EU Council presidencies of Austria and Romania.
 
But despite all of these efforts, the phenomenon of anti-Semitism has nevertheless escalated across Europe. The 2018 EU’s Fundamental Rights Agency Report on Anti-Semitism is the undeniable proof for this devastating failure.
 
The fear is that this further shift to the right after the elections will also significantly threaten the already too-little and too-ineffective efforts against anti-Semitism on the EU level and in its member states.
The political power shift will have direct implications for the European Parliament committee chairs and the Parliament president and vice-presidents as well as the nomination and confirmation of EU commissioners.
Imagine what will happen if the relevant European Parliament committee for fundamental rights and combatting anti-Semitism, the Civil Liberties, Justice and Home affairs committee (LIBE), is chaired by a far-right nationalist member of parliament. Imagine having a xenophobic, populist justice commissioner a few months from now.
 
This is not doom-mongering, but is unfortunately a possible scenario that already exists in EU member states such as Austria, where all ministries relevant to Jewish issues are in the hands of the populist far-right FPÖ, a party with which the Israelite Community of Vienna rightfully refuses to engage.
 
And to complicate matters even further, the European heads of state have just decided in a special council meeting in Brussels that the U.K. will get yet another extension until Oct. 31, 2019, to sort out the messy Brexit negotiation gridlock, including full membership rights and obligations that will make them participate in the EU elections as well as negotiations for the upcoming EU budget and composition of the new EU commission should they be unable to leave beforehand by agreeing to the existing deal.
 
There is still so much to do to even slow down the ugly resurgence of anti-Semitism in Europe. The last thing anyone needs is yet another deterioration of the political status quo in the EU that will make the fight against anti-Semitism even more difficult and might lock down the EU institutions altogether, thereby making them unable to protect what they were established to do: protecting and promoting the European values of fundamental rights for each and every one of its citizens.