Argentina's Counterterrorism Policy and UN Cooperation

Introduction

Terrorism is nowadays one of the most important aspects of international security that states and international organizations are trying to address at all levels, both internal and global. This is largely due to the fact that the terrorist threat does not represent a regular challenge to national and international security, but rather an unconventional one whose motives, reasons, and targets cannot be fully understood or identified. In this sense, it has been argued that "the attacks on the World Trade Center and the Pentagon on 11 September 2001 have focused attention on the issue of international terrorism as an urgent matter for the United Nations" (International Peace Academy, 2002). This is why it is important that action be taken at all levels. States around the world are more or less willing to adapt their laws, politics, and policies to deter the terrorist phenomenon.

Argentina is a particularly interesting case because it represents a cooperative country willing to address its problems as well as to prevent further ones in the fight against terrorism. At a global level, the United Nations represents the primary forum for communication and collaboration between states worldwide, and the accredited entity for the establishment of rules and norms governing the international scene. This is why the manner in which states communicate at the global level and within the UN is of crucial importance. The activities conducted under the UN flag represent the collective will of the international community and constitute a coordinated effort to counter the threat of insurgency.

Terrorism cannot be countered with full efficiency without a proper definition of the term itself. As one scholar has noted, "definitions of terrorism are controversial for reasons other than conceptual issues and problems. Because labeling actions as 'terrorism' promotes condemnation of the actors, a definition may reflect ideological or political bias. Given such considerations, [scholars] discourage attempts to define terrorism" (Gibbs, 1989, 1). Under these circumstances, it is rather difficult to find the best solution for an eventual coordinated response at the international level. Nevertheless, the actions undertaken through the United Nations remain important for an overall solution. This is largely due to the fact that "terrorism is a special type of violence. It is a tactic used in peace, conflict, and war. The threat of terrorism is ever present, and an attack is likely to occur when least expected. A terrorist attack may be the event that marks the transition from peace to conflict or war" (U.S. Army, n.d.). A similar point of view is shared by Ariel Merari and Paul Wilkinson, two of the most important scholars in the analysis of terrorism and political violence (Merari, n.d.; Wilkinson, n.d.). From this perspective, the role of each member country of the organization is essential. Argentina is a relatively positive example in this regard, given the willingness it has demonstrated throughout the years in the fight against terrorism — especially since the terrorist attacks on the Israeli Embassy in the early 1990s.

This paper addresses the position of the Argentine state in relation to terrorism. The first part focuses on the general interest of the state in international affairs and within the UN. The second part deals with the legal and other actions in which the Argentine state has participated. Third, it offers a comparison with the attitudes of states in the region and highlights the extent to which Argentina's approach differs from or resembles that of its neighbors. Fourth, it identifies areas where more work remains to be done concerning Argentina's counterterrorism posture, and specifies goals and areas where negotiation is and is not possible. Finally, a set of suggestions for improving current policies is offered, with particular attention given to the national factors involved in the decision-making process.

At an official level, the interests and initiatives of Argentina closely resemble those of other states committed to United Nations values. As the Permanent Mission of Argentina to the United Nations has stated, "Argentina, one of the 51 Founding Members of the Organization, has been an active participant in all of the UN organs and programs, in accordance with our Foreign Policy, and has endeavored to build consensus at the international level towards the strengthening of international human rights, the promotion of universal values associated with peace and security, with the democratic representation and with the fulfillment and promotion of human rights" (Permanent Mission of Argentina to the United Nations, 2008). In this sense, the position of the state is in full accordance with that of the broader membership.

In relation to the issue of terrorism specifically, Argentina has shown a clear desire to contribute to the common effort to address the terrorist threat. The Minister of Interior noted that "Argentina was the first Latin American country to enact a law creating a new intelligence system, which included the establishment of a National Directorate of Criminal Intelligence. Moreover, Argentina is increasing its capacity to enforce border security, train police officers, cooperate between agencies, and become involved in multilateral counterterrorism initiatives within Mercosur, the OAS, and the United Nations" (Woodrow Wilson International Center for Scholars, 2006). Through its internal measures and its international collaboration framework, the country thus seeks to address the issue of terrorism across all its dimensions.

Argentina is not generally viewed as a territory with a high degree of terrorist activity. However, despite not being a frequent target, in 1992 it was the site of the most destructive terrorist attack in Latin American history. The bombing of the Israeli Embassy "killed 86 and wounded about 300" (Katz, n.d.). This event was the most significant act of terrorism to occur on Argentine soil in recent decades and prompted measures aimed at increasing security and creating a proper response framework.

Argentina's Position and Interests in the UN

One of the main factors contributing to the establishment of a cooperative policy toward terrorism is the growing global awareness of terrorism's impact. The number of terrorist attacks and resulting casualties rose significantly throughout the 1990s and culminated in the September 11 attacks, sending an important alarm signal to governments worldwide (Morgan, 2004). Accordingly, one of the main objectives of Argentina's Ministry of Foreign Affairs is to strengthen cooperation between Argentina and the United States, the EU, and the UN. More precisely, it seeks to assign "the highest priority to the fight against international terrorism, to transnational criminality and drug trafficking by increasing the speed of all international activities which contribute to the prosecution, control, and elimination of these threats" (Ministerio de Relaciones Exteriores, 2008). These initiatives thus take into account all major aspects of the fight against terrorism and international crime.

Another important factor driving Argentina's reconsideration of its counterterrorism approach is the country's own history. Widespread corruption is acknowledged to have contributed substantially to the lack of meaningful action following the embassy bombing investigations. As one analysis notes, "institutional weaknesses — limited budgets, political corruption, a lack of common enforcement laws between MERCOSUR countries, the absence of advanced security technology, and a lack of interagency coordination give terrorists the opportunity to commit crimes" (Woodrow Wilson International Center for Scholars, 2006). These factors represent persistent, structural problems that shape the direction of governmental action throughout Latin America, and particularly in Argentina.

In response, Argentina drafted its policy on terrorism and international crime around the principles of cooperation and internal reform. One of the most pressing domestic concerns has been corruption and money laundering conducted on Argentine territory without adequate legal consequences. In this context, the Financial Intelligence Unit was created to "transmit information in order to prevent and impede money laundering" and to "analyze, handle and transmit the information" necessary to do so (Cover-up and Laundering of Assets Act, 2000). This policy initiative forms part of a broader effort aimed at "the development and promotion of policies to combat money laundering — the processing of criminal proceeds in order to disguise their illegal origin" and to "prevent such proceeds from being utilized in future criminal activities and from affecting legitimate economic activities" (Anti-Money Laundering Authority, n.d.).

At the international level, Argentina has also engaged in cooperation programs designed to strengthen information exchange and build the financial capacity of partner countries. "Argentina cooperated closely in all significant international counterterrorism efforts within the United Nations and the Organization of American States (OAS), where it was vice-chair of the Inter-American Committee Against Terrorism; the United States was chair. The Argentine Government was instrumental in promoting improved coordination with its neighbors (Brazil, Paraguay, Uruguay, Bolivia, and Chile) in strengthening security and countering terrorist-support networks in the Triborder area. The Government of Argentina has been particularly cooperative in responding to requests related to blocking the financial assets of terrorists. Argentina is a party to eight of the 12 conventions and protocols relating to terrorism" (Privacy International, 2004).

At the regional level, Argentina and its neighbors have worked to improve cooperation through various frameworks. The government "was instrumental in promoting improved coordination with its neighbors (Brazil, Paraguay, Uruguay, Bolivia, and Chile) in strengthening security and countering terrorist-support networks in the Triborder area" (Privacy International, 2004). This cooperative process provides a valuable framework for exchanging information, strengthening political ties, and coordinating counterterrorism and anti-crime policies across the region.

Counterterrorism Policies and Regional Comparisons

The Tri-Border Initiative represents one of the most significant border security programs in the region. Valued at one million dollars, the initiative aims to strengthen cooperation among Brazil, Paraguay, and Argentina — a region closely monitored by the United States because it "has long been the focal point for Islamic extremism and terrorist fundraising in Latin America. The Department of State used $1 million in FY 2002 Supplemental funds to conduct needs assessments in those countries and began to bridge gaps in their information sharing processes regarding persons suspected of involvement in international terror groups" (U.S. Department of State, n.d.). Argentina's role in this initiative is especially significant given its history of terrorist incidents claimed by Islamic extremist groups.

On the legal front, Argentina has aligned itself with the UN's anti-terrorism legal framework. Despite the international community's ongoing failure to agree on a comprehensive definition of terrorism, a substantial body of legal instruments exists on which states can rely. "The Government of Argentina has been particularly cooperative in responding to requests related to blocking the financial assets of terrorists. Argentina is a party to eight of the 12 conventions and protocols relating to terrorism" (Privacy International, 2004). Adherence to these instruments signals Argentina's commitment to the global counterterrorism cause and its interest in upholding international peace and security.

Another dimension of Argentina's counterterrorism posture concerns its handling of specific diplomatic cases. The case of former Iranian ambassador to Argentina, Hadi Soleimanpour — linked to the 1994 bombings and the subject of prolonged diplomatic disputes between Argentina and Great Britain — illustrates the tensions that can arise in this area (Payvand's Iran News, 2003). Argentina sought to provide as much information as possible to bring the perpetrators to justice and to build confidence among the states involved in the case.

In terms of domestic legislation, Argentina has moved to align itself with developed nations — particularly the United States — by advancing laws that increase the state's authority in the areas of information gathering and use. Legislation proposed in 2003 stipulated that, in the event of a terrorist threat, the armed forces would be permitted to take measures relating to internal order (Ley antiterrorista en Argentina, 2003). This development underscores the importance that Argentine authorities place on anti-terrorist measures within the national legal framework.

Not all states in the region, however, have been equally willing to cooperate. As noted in 2002, "although, a year after the 11 September attacks on New York and Washington, most Latin Americans agree that the terrorist threat is a global one, they continue to disapprove of the U.S.-British war on Afghanistan, and are wary about a possible military strike on Iraq" (Third World Network, 2002). This statement illustrates that several Latin American states — particularly those with histories of U.S. interventionism — remained reluctant to fully endorse American-led counterterrorism policies.

The goals of Argentine foreign policy related to terrorism are directly connected to its current initiatives and must be understood within the broader geopolitical context. One of the most important goals concerns the Tri-Border Initiative, which combines U.S. resources with those of regional partners. There remains concern that "although the tri-border area (TBA) of Argentina, Brazil, and Paraguay has been a regional hub for Hizballah and Hamas fundraising activities, the State Department report maintains that there is no corroborated information that Islamic extremist groups have an operational presence in the TBA or elsewhere in Latin America" (Sullivan, 2006). This finding demonstrates the significant influence of Islamist networks in the area. One approach to strengthening the initiative would be to increase financing for security forces in the region and to improve border controls.

Regarding corruption and money laundering, Argentina has made progress, but that progress remains limited in its visibility. In 2006, Argentina received only a "moderate" rating with respect to corruption and related scandals (Global Integrity, n.d.). Considerable work therefore remains to ensure that government efforts follow a consistent and coherent direction, so as to produce better results in combating money laundering and corruption — both of which facilitate hidden financial flows that can be exploited by terrorist organizations.

With regard to the international legal system and cooperation with the United Nations, Argentina has been a consistent and reliable member of the organization. Its signature on twelve UN conventions related to terrorism and counterterrorism underscores its role as a significant actor in the Latin American regional context. Nevertheless, ratified provisions must also be implemented effectively. In 2005, the president of Argentina affirmed that "each of us must act, consistent with past Security Council resolutions, to freeze terrorists' assets; to deny terrorists freedom of movement by using effective border controls and secure travel documents; to prevent terrorists from acquiring weapons, including weapons of mass destruction" (America.gov, 2005). Achieving these targets requires that precise and enforceable cooperation measures be undertaken at the highest levels of government.

Concerning Argentina's diplomatic targets, they are broadly consistent with those of the United States and the broader coalition against terrorism. As reflected in statements by various Argentine ministers, the state is willing to cooperate across diplomatic, political, and financial dimensions.

The policies pursued by the Argentine state span several areas of internal governance. On the political side, the success of cooperative counterterrorism efforts depends on maintaining a functioning democratic system, ensuring that no authoritarian tendencies undermine the authority and legitimacy of the Argentine government. On the legal side, these efforts should be codified in well-structured legislative acts. An important step in this direction was taken when Congress passed, in June 2007, "legislation penalizing the financing of terrorism ('Illegal Terrorist Associations and Terrorism Financing'), which brought Argentina into greater compliance with FATF standards. The law, which entered into effect in mid-July, amended the Penal Code (Law No. 25.246 'Cover-Up and Laundering of Assets Act') to criminalize acts of terror, terrorism financing, and money laundering for the purpose of financing terrorism" (UN Refugee Agency, 2007). The legislative process is therefore foundational and should serve as the basis for any successful counterterrorism operation in Argentina.

The phenomenon of terrorism represents one of the most significant drivers of change in the national security strategies of countries around the world. It stands at the center of national strategies and policies aimed at reducing the domestic and global impact of terrorist activity. In a globalized world, terrorism — though still not universally defined — constitutes a nonconventional threat that forces nations to enter into collaborative relationships within international organizations, the most important of which is the United Nations. Argentina represents a positive example in this regard, both in terms of the internal measures it has taken and in terms of the conduct of its foreign policy toward a more secure and cooperative international environment.

America.gov. U.N. Security Council Adopts Resolution against Inciting Terrorism. 2005.

Anti-Money Laundering Authority. Financial Intelligence Unit. N.d.

Cover-up and Laundering of Assets Act. 2000.

Gibbs, Jack P. "Conceptualization of Terrorism." American Sociological Review, Vol. 54, No. 3 (Jun., 1989), pp. 329–340.

Global Integrity. "Argentina." Country Profile. 2006.

International Peace Academy. "Responding to Terrorism: What Role for the United Nations." 2002.

Katz, Lisa. Bombers Away. N.d.

Conclusion

U.S. Department of State. Nonproliferation, Anti-terrorism, Demining, and Related Programs. N.d.

UN Refugee Agency. Country Reports on Terrorism 2007 — Argentina. 2007.

Wilkinson, Paul. "Security and Terrorism in the 21st Century: The Changing International Terrorist Threat." St. Andrews University, Centre for the Study of Terrorism & Political Violence. N.d.

Woodrow Wilson International Center for Scholars. "Homeland Security and the Bilateral Relationship between the United States and Argentina." Latin American Program. 2006.