Expand terror status to include all of Hezbollah

Ali Haidar. Picture: Facebook.

In 2020 a NSW man convicted of violent offences escaped being listed a ‘high-risk terrorist offender’ because Australia only lists the External Security Organisation of Hezbollah – and not the whole entity – as a terrorist organisation. The judge in the case said it wasn’t possible to determine whether Ali Haidar merely supported the political wing of the movement.

This is just one practical example of why Australia should no longer persist with the fiction that Hezbollah can be neatly divided into discrete entities and should be listed in its entirety as a terrorist organisation, as recommended in a unanimous bipartisan report of the Parliamentary Joint Committee on Intelligence and Security this week.

The ESO is responsible for attacks around the world, including a 2012 bombing of an Israeli tourist bus in Bulgaria which killed six people. Last September a dual Australian-Lebanese citizen was convicted in absentia for his role in this attack. That’s why Australia has just listed it for the seventh time since 2003 as a terrorist organisation.

But given the ESO’s relationship with Hezbollah leadership, it’s concerning the entire organisation wasn’t listed. Haidar’s case demonstrated the complications of this shortcoming in applying anti-terrorism laws.

Experts overwhelmingly reject the idea the ESO operates independently from Hezbollah’s leadership which oversees all the organisation’s activities.

Dr Matthew Levitt, a world-renowned Hezbollah expert, insists there’s no plausible case distinguishing between the two, describing them as a “singular, unitary organisation”. Hezbollah itself explicitly rejects a distinction, saying their activities are organised under a “single leadership”.

Terrorism expert, Emanuele Ottolenghi, claims Hezbollah disseminates funding centrally, indicating a command structure “aware of, and … responsible for, operational costs on the military side.”

Australia’s position is isolated internationally. 22 countries and two regional organisations list all of Hezbollah including Five Eyes allies like the United Kingdom, the United States and Canada; like-minded countries including Germany and Japan; and Arab groupings like the Gulf Cooperation Council and the Arab League.

The European Union, France and New Zealand at least proscribe the military wing, which provides operational support to terrorist entities like the Palestinian Islamic Jihad and Hamas’ al Qassam Brigades.

While broadening the listing may have implications, agencies like the Australian Security Intelligence Organisation believe it wouldn’t impact their operations. The Australian Federal Police agree the status quo makes it difficult to prosecute someone for terrorism if an organisation isn’t listed.

Importantly, international experience show listing all of Hezbollah hasn’t impacted relations with Lebanon. In 2019, the UK listed all of Hezbollah, after previously listing only the ESO like Australia and extending it to the military wing in 2008. Evaluating that decision, then UK Home Secretary Sajid Javid said the UK’s relationship with Lebanon is as strong as ever.

It’s clear Australia can no longer give credence to the superficial notion the ESO is somehow separate from Hezbollah. Hezbollah, in its entirety, should be on Australia’s terror listing.

Senator James Paterson is the Chair of the Parliamentary Joint Committee on Intelligence and Security and a Liberal Senator for Victoria.