Thank you.
As you've seen from our own history of litigation in the United States, there have been a number of cases flowing both from the 9/11 incidents and other terrorist attacks that have affected American citizens internationally, where the attempts to hold those responsible have been thwarted because of the failure to put the state on a designated terrorist list.
One can look at the State Department's report of states involved in terrorism, and the number of states that have supported or actively encouraged terrorist organizations is quite large, yet the number of states that have been put on the terrorist list is very small. That list is out of date, and it has proven the unworkability of a system that puts upon the government the responsibility of designating a country that can have a major impact on its foreign relations and be a major impediment in its dealings with that country.
It's better to leave it to our courts to decide that a terrorist act has been conducted and that the state is engaged or involved in providing support for terrorism; place the burden on the plaintiff to demonstrate that to the court. Then the court has an opportunity to move forward without engaging the whole set of bilateral relations that are engaged when the United States itself declares a state as a terrorist organization.
Also, once a state is declared as a terrorist-supporting state, there are many other pieces of legislation that come into play and have a major impact in our whole relationship. I think it would serve our government well, as well as our citizens and our courts, to leave that issue to the courts to decide that terrorism itself is an act that is contrary to the customary conventions of international law. States that engage in that should be held accountable. Where there are grounds for jurisdiction, such cases should be allowed to proceed.
I hope that somewhat answers your question