Việt Nam calls Paris appeal court’s ruling in Agent Orange case ‘very regrettable’

Trần Tố Nga (right) speaking at a rally in Place de la République (Republic Square) in Paris, held in May 2024, with 200 supporters of her case seeking justice for victims of Agent Orange/dioxin and holding US chemical companies accountable for their role. — VNA/VNS Photo Thu Hà

HÀ NỘI — Việt Nam says it finds the French appeal court’s dismissal of landmark Agent Orange case today “very regrettable.”

Spokesperson for the Vietnamese Ministry of Foreign Affairs Phạm Thu Hằng made the remarks on Thursday in the press briefing in Hà Nội.

She was speaking in response to the latest update in the case filed by French-Vietnamese activist Trần Tố Nga, seeking justice for victims of the herbicides manufactured by 14 agrochemical companies for use by the US army during the devastating war in Việt Nam in the 1960-70s.

The Paris Court of Appeal on Thursday rejected Nga’s appeal, with similar arguments as an earlier rejection from another French court – the Evry Crown Court.

In May 2021, the Evry court, in a Paris suburb, said it did not have jurisdiction over the case, since these sued firms enjoy legal immunity from prosecution as they worked at the order of a sovereign government (US Government, specifically), which prompted Nga to file an appeal to the Paris court, which started deliberating the case from May this year.

“We find the ruling of the Paris appeal court very regrettable, and we have made our position clear on multiple instances,” spokeswoman Hằng said.

“While the war in Việt Nam has long ended, its tremendous implications continue to linger on the country and people Việt Nam, including the long-term severe consequences of Agent Orange/dioxin.

“We strongly support the efforts of Agent Orange victims, to urge chemical companies in charge of producing and supplying Agent Orange or dioxin to the US in this war against Việt Nam, which has caused millions of Vietnamese people to become victims, to take responsibility, and address their relevant consequences.”

Nga’s lawyer said she will take the case to France’s top appeals court for a final ruling.

Nga, a former reporter for Liberation News Agency (now Vietnam News Agency) in the most heavily dioxin-affected areas in the south, expressed her disappointment with the ruling, but added she was not surprised as this can already be predicted.

Nga, now 82-year-old, suffered from diabetes type 2 and rare insulin allergy, which she said was the result of exposure to the toxins.

The Việt Nam Association for Victims of Agent Orange/Dioxin (VAVA) without success, submitted petitions to courts in the US regarding the US military’s spray of toxic chemicals including AO/dioxin in Vietnamese territory, which has resulted in serious damages and long-lasting consequences. The Việt Nam-based organisation, representing all victims in the country, says it would continue the sue against 37 US chemical companies involved in the production of the toxins.

Between 1961 and 1971, the US military conducted 19,905 missions, dropping over 80 million litres of toxic chemicals, 61 per cent of which was Agent Orange containing 366kg of dioxin, on nearly 26,000 hamlets and villages that covered 3.06 million ha, equivalent to almost one-fourth of the area of southern Việt Nam, in an attempt to get rid of the forest coverage for the Vietnamese resistance forces out of the forests.

Up to 86 per cent of the area was subject to more than two sprayings, and 11 per cent over 10 times.

Agent Orange has caused strong and enduring impacts on the environment and human health. About 4.8 million people in Việt Nam were exposed to AO/dioxin, statistics showed. — VNS