The Paris Court of Appeal’s ruling on August 22, 2024 regarding Ms. Tran To Nga’s lawsuit is not in line with reality

During the war in Vietnam, from 1961 to 1971, the US sprayed nearly 80 million liters of toxic chemicals, 61% of which was Agent Orange, containing 366kg of dioxin. The consequences of these toxic chemicals have caused terrible disasters for the environment and human health of Vietnam.

Ms. Tran To Nga, a French citizen of Vietnamese origin and a victim of Agent Orange, filed a lawsuit at the Evry Court in Paris. In April 2014, the Evry Court opened its first trial. From 2014 to 2020, there were 19 procedural trials. On May 10, 2021, the Evry Criminal Court issued the results of the response to the January 25, 2021 hearing between the lawyers representing Ms. Tran To Nga and the lawyers representing 14 American chemical companies. The court did not accept Ms. Tran To Nga's lawsuit, ruling that: "The court does not have jurisdiction over the actions of the US Government."

Disappointed but not discouraged, Nga continued to file a lawsuit against 14 American chemical companies that produced and supplied toxic chemicals to the US military for use in the war in Vietnam. On May 7, 2024, the Paris Court of Appeal opened a hearing for Nga's lawsuit. Before this event, many organizations, unions, etc. marched in Paris in support of her lawsuit. The hearing at the Paris Court of Appeal took place from 9:00 to 12:30 on May 7, 2024. Ngan, the plaintiff, had 2 lawyers: Bertrand Repolt and William Bourdon; meanwhile, the defendant (14 American chemical companies) had more than 10 lawyers. Two lawyers who helped Nga in the lawsuit rejected the “judicial immunity” of the American chemical companies, arguing that: the role of American companies cannot be equated with the role of the American State. In fact, American chemical companies have autonomy and self-determination in the production of herbicides containing dioxin. They were aware of the high toxicity of the product, but had no intention of modifying the ingredients and still supplying it to the American military. Therefore, these companies must be responsible for their products. The lawyers of 14 American chemical companies denied their clients’ responsibility, holding that: “chemical companies only complied with the requirements of the American military during wartime and sometimes they were requisitioned by the American Government”…

On August 22, 2024, the Paris Court of Appeal issued a ruling dismissing Nga's lawsuit against the American chemical corporations that produced and supplied Agent Orange/dioxin to the US military for use during the Vietnam War.

Facing the ruling of the court, Nga said: "I am not surprised by this verdict and will not give up but continue to pursue the lawsuit". Her lawyers also expressed their determination to continue accompanying her and affirmed: "Our fight does not end with this decision. We will appeal to the Court of Cassation".

The Vietnam Association for Victims of Agent Orange/Dioxin deeply regrets this incorrect ruling by the Paris Court of Appeal. Although the war has ended long ago, the consequences of Agent Orange/Dioxin on people and the environment in Vietnam are still very severe. Currently, in Vietnam, there are still millions of AO victims. Even, it has been recorded that Agent Orange/Dioxin has been passed down to the third and fourth generations. Many families of victims are at risk of loosing their lineage. Tens of thousands of children are deformed, have congenital disabilities, and live in vegetative state. Many women cannot enjoy the happiness of becoming wives and mothers; many others are dying day by day, hour by hour, writhing and struggling because of terrible diseases related to Agent Orange/Dioxin.

The Vietnam Association for Victims of Agent Orange/Dioxin strongly supports Nga's lawsuit, hoping that the Court will make a fairer and more humane decision for Vietnamese AO victims. At the same time, it requests that the chemical companies that produced and supplied Agent Orange/Dioxin for the US military using in the war in Vietnam be responsible for remedying the consequences that they caused./.

Vietnam Association for Victims of Agent Orange/Dioxin