Adding a new person or entity to the EU’s terrorist list requires a judicial decision issued by one of the 27 member states.
The European Union has found the legal basis to designate Iran’s Islamic Revolutionary Guard Corps (IRGC) as a terrorist organisation, filling a gap that had for years prevented the crucial decision from being taken.
The IRGC has been accused of leading a brutal crackdown on Iranian protesters, transferring arms to Russia and launching ballistic missiles against Israel, as well as propping up militias all across the Middle East.
The basis stems from a ruling issued in March by the Düsseldorf Higher Regional Court that found the 2022 attack against the Bochum synagogue in western Germany had been initiated by an Iranian state agency.
When the verdict was published, it raised expectations the bloc could finally secure the legal grounds to move forward with the designation, even if Brussels trod carefully.
Under current rules, adding a new person or entity to the EU’s terrorist list requires a decision issued by a judicial body in one of the 27 member states.
Following an internal analysis by the European External Action Service (EEAS), the Düsseldorf ruling has been considered a “sufficient” legal basis to meet the criterium, a high-ranking EU official with knowledge of the process said on Friday.
The conclusion was reached before the summer break, the official said.
“Beyond the legal questions, declaring (as a terrorist organisation) such an important part of the army of a state has a lot of political implications,” the official warned, noting the designation would not have “practical consequences” as the Revolutionary Guards are already subject to an extensive regime of EU sanctions, including the freezing of assets and travel bans.
With the roadblock out of the way, the proposal for designation has moved to the next stage: discussions among member states.
The final approval will require unanimity, meaning one single capital could block it.
Speaking on condition of anonymity, a senior diplomat said the question was a matter of “political will” and appeared reluctant to venture on whether the decision would be taken any time soon.
Germany, France and the Netherlands are among the member states who have previously expressed support for the designation. European Commission President Ursula von der Leyen and the European Parliament have also backed the idea.
The US and Canada, two G7 allies, currently apply the designation.
What is the IRGC?
The Islamic Revolutionary Guard Corps (IRGC) was set up by Ayatollah Khomeini after the 1979 revolution to protect Iran’s newly established Islamic system from internal and external threats, particularly foreign attempts to effect a regime change.
Since then, the IRGC has operated independently from the country’s regular army, vastly expanding its ranks, political influence and economic might in close association with Supreme Leader Ali Khamenei.
The IRGC is split into five branches: the ground forces, an air force, the navy, the Basij – a volunteer militia that represses dissent and polices moral codes – and the Quds Force, a secretive intelligence service that conducts operations in other countries, often supporting local armed groups.
Some of the groups tied to the IRGC include Hezbollah in Lebanon, Hamas in the Palestinian territories, and the Houthi rebels in Yemen.
Overall, the Guards are believed to have an estimated 125,000 troops under their joint command and have been described as “one of the most powerful paramilitary organisations in the Middle East” by the Council on Foreign Relations.