[Public Papers of the Presidents of the United States: George H. W. Bush (1992, Book I)]
[March 12, 1992]
[Pages 437-438]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Torture Victim Protection Act of 1991

March 12, 1992
    Today I am signing into law H.R. 2092, the ``Torture Victim 
Protection Act of 1991,'' because of my strong and continuing commitment 
to advancing respect for and protection of human rights throughout the 
world. The United States must continue its vigorous efforts to bring the 
practice of torture and other gross abuses of human rights to an end 
wherever they occur.
    I regret that the legislation proposed by the Administration to 
implement the United Nations Convention Against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment has not yet been enacted. 
This proposed implementing legislation would provide a tougher and more 
effective response to the problem, putting in place for torturers the 
same international ``extradite or prosecute'' regime we have for 
terrorists. The Senate gave its advice and consent to the Torture 
Convention on October 27, 1990, but the United States cannot proceed to 
become a party until the necessary implementing legislation is in place. 
I again call upon the Congress to take prompt action to approve the 
Torture Convention implementing legislation.
    I note that H.R. 2092 does not help to implement the Torture 
Convention and does present a number of potential problems about which 
the Administration has expressed concern in the past. This legislation 
concerns acts of torture and extrajudicial killing committed overseas by 
foreign individuals. With rare exceptions, the victims of these acts 
will be foreign citizens. There is thus a danger that U.S. courts may 
become embroiled in difficult and sensitive disputes in other countries, 
and possibly ill-founded or politically motivated suits, which have 
nothing to do with the United States and which offer little prospect of 
successful recovery.
    Such potential abuse of this statute undoubtedly would give rise to 
serious frictions in international relations and would also be a waste 
of our own limited and already overburdened judicial resources. As I 
have noted in connection with my own Civil Justice Reform Initiative, 
there is too much litigation at present even by Americans against 
Americans. The expansion of litigation by aliens against aliens is a 
matter that must be approached with prudence and restraint. It is to be 
hoped that U.S. courts will be able to avoid these dangers by sound 
construction of the statute and the wise application of relevant legal 
procedures and principles.
    These potential dangers, however, do not concern the fundamental 
goals that this leg-

[[Page 438]]

islation seeks to advance. In this new era, in which countries 
throughout the world are turning to democratic institutions and the rule 
of law, we must maintain and strengthen our commitment to ensuring that 
human rights are respected everywhere. I again call upon the Congress to 
make a real contribution to the fight against torture by enacting the 
implementing legislation for the Torture Convention so that we can 
finally ratify that important treaty.
    Finally, I must note that I am signing the bill based on my 
understanding that the Act does not permit suits for alleged human 
rights violations in the context of United States military operations 
abroad or law enforcement actions. Because the Act permits suits based 
only on actions ``under actual or apparent authority, or color of law, 
of any foreign nation,'' I do not believe it is the Congress' intent 
that H.R. 2092 should apply to United States Armed Forces or law 
enforcement operations, which are always carried out under the authority 
of United States law.

                                                             George Bush

The White House,
March 12, 1992.

                    Note: H.R. 2092, approved March 12, was assigned 
                        Public Law No. 102-256.