Alison Dellit
On March 10, US district Court Judge Jack Weinstein dismissed a lawsuit brought by more than 100 Vietnamese victims of Agent Orange against the 37 corporations that manufactured the deadly chemical.
The plaintiffs claimed US chemical companies violated international law in order to get rich by producing and supplying Agent Orange, to the US army for spraying in Vietnam, causing a serious aftermath.
More than 72 million litres of the deadly toxin was dumped on Vietnam by invading forces. More than 3 million Vietnamese now suffer diseases and malfunctions caused by Agent Orange, which also destroyed the health of US and Australian soldiers.
However, while the US awards compensation to American veterans of the war who display symptoms associated with Agent Orange, Washington has demanded that Vietnam must provide more proof that Agent Orange caused its massive birth defect and illness rate before awarding compensation.
Weinstein dismissed the lawsuit because he disagreed that the toxic defoliants and herbicides could be called poisons banned under international rules of war. He wrote: "No treaty or agreement, express or implied, of the United States made the use of herbicides in Vietnam a violation of the laws of war or any other form of international law until at the earliest April of 1975."
Lawyers representing Vietnamese Agent Orange victims plan to appeal to the Second Circuit Court of Appeal, and will take the case to the Supreme Court if they can.
Vietnamese Foreign Affairs ministry spokesperson Le Dzung told the media on March 12: "Whatever the verdict is, the truth is always that the Agent Orange/dioxin, which the US army used during the Vietnam War, has had dire consequences for Vietnam's people and environment.
"Forty years have passed, but the consequences have continued until now. Many research projects by Vietnamese and US scientists have affirmed the fact. Millions of Vietnamese Agent Orange victims have suffered fatal diseases. Children with congenital malformation caused by the chemical have led difficult lives.
"The companies have to bear legal responsibility for all victims of the chemical, not only American veterans but also Vietnamese victims."
From Green Left Weekly, March 23, 2005.
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