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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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.