The Paris Court of Appeals has rejected an appeal by Tran To Nga to hold Monsanto and fourteen other agrochemical firms accountable for their role in producing Agent Orange for the US armed forces. The court cited legal immunity from prosecution, stating that the companies operated under the orders of a sovereign government. Detailed coverage of the decision can be found here.
Agent Orange is infamous for its high toxicity due to its TCDD/dioxin content, causing severe health problems and deformities. The herbicide, a mixture of equal parts of 2,4,5-T and 2,4-D, was extensively used by the US military in the Vietnam War, where nearly 50 million liters of Agent Orange were sprayed over 26,000 villages, affecting approximately 4.8 million people. More information on its usage is available from the Aspen Institute and specific mission details can be found here.
Ms. Nga, a French citizen born in Soc Trang, exposed to dioxin during the Vietnam War, asserted that her blood dioxin levels were excessively high, causing her to suffer from multiple illnesses linked to Agent Orange. Her offspring also suffered from severe health issues, including congenital heart defects leading to the death of her first child at 17 months old. Nga’s personal account is detailed by the Vietnam Association for Victims of Agent Orange/Dioxin (VAVA) and further legal documentation can be reviewed here.
In her unique position, protected under French law for harm inflicted by another country, Nga was initially granted leave by the Evry Judicial Court in 2013 to sue the chemical companies. However, her suit was deemed inadmissible in 2021 due to the companies’ legal immunity, a decision upheld by the Paris Court of Appeals. Comprehensive coverage of the initial leave to file and the appeal decision is provided here.
Following the ruling, the Vietnamese government expressed regret and reiterated its stance on supporting Agent Orange victims, urging chemical companies to accept responsibility for the lasting damage caused. This sentiment was conveyed via a press statement, with additional context available on TV5Monde. Nga’s legal team announced plans to appeal to France’s highest court, the Court of Cassation, denouncing the ruling as a setback for modern international and European law.
For continuous updates and full details on this evolving case, legal professionals are encouraged to follow the report on JURIST.