New Legal Solution by the European Union to Designate the Islamic Revolutionary Guard Corps as a Terrorist Organization

The European Union has found a legal pathway to designate the Islamic Revolutionary Guard Corps (IRGC) of Iran as a terrorist organization, overcoming a significant barrier that has prevented this action for years. The IRGC is accused of suppressing Iranian protesters, transferring weapons to Russia, launching ballistic missiles at Israel, and supporting militia groups across the Middle East. Adding a new individual or entity to the EU's terrorist list requires a domestic court ruling against that individual or entity from one of the 27 member states. According to Euronews, the basis for the EU's new pathway is a ruling from the Düsseldorf Regional Court in Germany, issued last March. This ruling indicates that an attack on a synagogue in Bochum, Germany, in 2022 was carried out with the support of an organization linked to the Iranian government. The issuance of this ruling has raised expectations for the initiation of a new legal pathway to recognize the IRGC as a terrorist group in the EU. The Düsseldorf court's ruling counts as a domestic conviction in one of the EU member states, which could serve as a legal basis for adding the IRGC to the EU's terrorist list. A senior EU official familiar with the process stated on October 10 that after an internal review by the European External Action Service (EEAS), the Düsseldorf court ruling has been deemed a 'sufficient' legal basis for this action. This conclusion was reached before the summer holidays. After overcoming this significant obstacle, the proposal has moved to the next stage for consideration and requires a vote from all EU member states for approval. However, according to a senior diplomat who wished to remain anonymous, such an action requires 'political will,' and there is currently no specific timeline for it. Germany, France, and the Netherlands are among the EU member states that have previously supported this designation. Ursula von der Leyen, President of the European Commission, and the European Parliament have also backed this idea. The United States and Canada, two allies of the G7, consider the IRGC a terrorist group. An EU spokesperson on July 6 refrained from confirming or denying reports regarding Germany's request to add the IRGC to the terrorist organizations list, citing the 'internal and confidential' nature of discussions within the European Council. This official reminded the Persian section of Voice of America that the prerequisite for adding an organization to the EU's terrorist list is its designation as a terrorist organization by 'a competent national authority of one of the member states or a third country, such as a court ruling or an executive order.' According to him, such a decision must be made based on laws that fall within the framework of the 'Terrorist Law' as outlined in Article 1 (3) of the 'Common Position of December 2001.' The EU spokesperson noted that adding any organization to the EU's terrorist organizations list ultimately requires the unanimous agreement of all 27 member states of the European Council. He further reminded that so far, individuals and entities linked to the IRGC have been sanctioned by the EU due to issues related to human rights violations in Iran, as well as violations of Ukraine's territorial integrity, the war in Syria, and Iran's weapons of mass destruction. This spokesperson also pointed out that the IRGC as a whole is already under sanctions related to Iran's weapons of mass destruction by the EU, stating: 'Thus, there is already a commitment within the EU to freeze the assets of the IRGC and to prohibit their access to funds and economic resources directly or indirectly.' According to information published by the Süddeutsche Zeitung, one of Germany's most widely circulated newspapers, on July 5, the German federal government has initiated a formal process with the EU to impose terrorist sanctions against the IRGC.