On the recordJanuary 23, 2008
I think you have hit a very important point in talking about what this law was originally designed to accomplish. This law was not designed to open the floodgates for any potential claim arising from persons engaged in armed conflict around the world against the countries where that conflict occurred. In fact, this law that allowed these claims to be pursued in the first place set a very high bar before you could even begin to pursue them. Number one, there had to be a declaration by the State Department that the nation involved in torture was a state sponsor of terrorism, which, as you know, that is an incredibly harsh accusation to make in the world community. So in order for the State Department to reach that conclusion, they would have to be presented with overwhelming evidence that a country was engaged in the state sponsor of terrorism. And when the Saddam Hussein regime in Iraq invaded Kuwait, that is when the State Department acted to declare, based upon what was happening and what was outraging people all over the world, that indeed that government was a state sponsor of terror at that time.
Source
govinfo.gov




