Paris Court of Appeal rules legal action against 14 agrochemical companies “inadmissible”

This appeal was initiated by the Franco-Vietnamese Tran To Nga, affected by this ultra-toxic defoliant spread by the American army in its war against communist guerrillas.

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Placards held during a demonstration in support of victims of the"agent orange"January 30, 2021 in Paris. (JEROME LEBLOIS / HANS LUCAS / AFP)

The French courts have once again dismissed the claims of the victims of “Agent Orange” during the Vietnam War. The Paris Court of Appeal ruled “inadmissible”Thursday, August 22, the legal action brought against 14 agrochemical groups that supplied this ultra-toxic defoliant widespread during the Vietnam War. It had been initiated by Tran To Nga, an 82-year-old Franco-Vietnamese woman.

As a young journalist, she had been exposed to “Agent Orange” while covering the war. After experiencing multiple health problems during her life, she initiated legal proceedings in France, where she acquired nationality in the 2000s.

It had already been dismissed at first instance by a court in Evry (Essonne), in 2021, on the grounds that the companies cited (including Bayer-Monsanto, Dow Chemical and Hercules) had “acted on orders and on behalf of the American state” and could, consequently, claim “immunity from jurisdiction”which allows them to escape prosecution initiated in another country. The Paris Court of Appeal justified its decision by this same principle, specifies its decision published on Thursday. Prior to its communication, Tran To Nga’s lawyers had already announced that their client intended to appeal to the Court of Cassation.

“We find the court’s decision regrettable”Pham Thu Hang, spokesperson for the Vietnamese Foreign Ministry, told reporters. “We have often explained that even though the war is over, its effects on the country and the Vietnamese people are still being felt, including through the long-term consequences of ‘Agent Orange’.” “We fully support the victims who are demanding that the companies that produced and supplied the ‘Agent Orange’ used by the United States take responsibility and deal with the consequences.”she added.

The Vietnam Dioxine collective, which accompanied Tran To Nga, for its part described the decision of the Paris Court of Appeal as “denial of justice for victims of ‘Agent Orange'” and assured not to lower “the arms”in a press release.


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