Statement of the Vietnam Association for Victims of Agent Orange regarding the French Court of Evry’s ruling on the lawsuit filed by Ms. Tran To Nga against US chemical companies
Hanoi, May 12, 2021
On May 10, 2021, the French Crown Court of Evry City announced that it would not accept the requests of Ms. Tran To Nga in her lawsuit against 26 American chemical companies that produced and supplied toxic chemicals to the US military during the war in Vietnam, causing serious consequences for her health and her children.
The Evry Court made the decision on the grounds that the US chemical companies "acted on the order of and on behalf of the United States of America" and thus they are entitled to "jurisdictional immunity".
Immediately after the decision, three lawyers for Nga issued a press release asserting that the Evry Court's ruling "is based on an obsolete definition of immunity of jurisdiction principle, which contradicted to modern principles of international and national law”.
In the press release, Nga's lawyers also pointed out that the Evry Court did not consider the fact that the production of the toxic chemicals for the US military in the war in Vietnam was not compulsory for the chemical companies, but they were free to participate in tenders to produce toxic chemicals for profit. The Court also did not consider the fact that the chemical companies had known that dioxin was a highly toxic substance, but they still intentionally changed the technical process of synthesizing the two herbicides 2.4-D and 2.4.5-T to shorten the production time of Agent Orange, reduce costs and increase profits, thus increasing the dioxin content already present in substance 2.4.5-T.
Thus, the Evry Court made a decision that was not based on the principles of applicable international law and without adequate consideration of relevant factors. At the same time, the refusal of the Evry Court to Nga's requests also means that this court has denied the right of French citizens who suffered damage from foreign legal entities to be recognized by the French law. We think that the Evry Court should review its decision and hope that the appellate court will consider all relevant factors thoroughly to issue a just ruling that requires American chemical companies to compensate for Nga’s suffering.
Ms. Tran To Nga sued US chemical companies as a French citizen, but she was infected with Agent Orange during the time she lived and worked in Vietnam. Therefore, the Vietnam Association for Victims of Agent Orange/Dioxin fully supports her lawsuit, her decision to appeal and bring the lawsuit to the appeal court.
Nga's lawsuit has lasted 7 years, attracted the attention of foreign public opinion, and been supported by many people. Through the lawsuit, many international friends have better understood about the country and people of Vietnam, about the victims of Agent Orange in Vietnam, about the heavy consequences of the war that Vietnamese people are still suffering. Many people, while expressing their concern and support for Nga, also express their solidarity and support for the Vietnamese Agent Orange victims and the Vietnamese people. We hope that friends, who respect peace, justice and progress around the world, would provide further support for Nga as well as Vietnamese Agent Orange victims, and stand side by side with Vietnamese people in the struggle for justice for Agent Orange victims.
On behalf of the Vietnam Association for Victims of Agent Orange
Nguyen Van Rinh, President