Home > Agent Orange lawsuit: an unjust, immoral verdict

Agent Orange lawsuit: an unjust, immoral verdict

by Open-Publishing - Monday 14 March 2005
5 comments

Edito Wars and conflicts International Health Catastrophes USA

by Anh Hieu

US Judge Jack B. Weinstein’s dismissal on Thursday of the compensation lawsuit by Vietnamese Agent Orange victims was unjust, immoral and an irresponsible denial of the US’s war crimes in Viet Nam.

And, it signals a new uphill battle for justice for Viet Nam despite the solid body of evidence against the toxin’s devastating effects on the land and generation-after-generation of Vietnamese people.

Judge Weinstein claimed the documents presented in the New York Court were not sufficient to decide Agent Orange caused these genetic defects in many Vietnamese people. How then did a 1984 suit force Agent Orange manufacturers to pay US$180 million to US war veterans on these very same grounds?

His contention also flies in the face of former US President Bill Clinton’s apologies to US veterans who served in Viet Nam for the lingering ill-effects of Agent Orange on their health.

Clinton went on to admit that the US National Academy of Sciences and Academy of Medicine discovered that the dioxin caused 13 different diseases in humans.

The government of New Zealand too has apologised to its veterans who were exposed to the toxic chemical during the war.

If it had not been such a huge tragedy, it would be farcical: those who spray the chemical get compensation but not the innocent victims who were targeted. Truly has the US justice system become a laughing stock.

Weinstein claimed the US did not ban the use of toxic chemicals by 1975 or sign any international treaty banning their use. He also said there was "no law" to enforce the plaintiffs’ claim that the firms were guilty of crimes against humanity for making the toxin available.

It sounds hollow coming from a nation that has appointed itself the global "human rights" and "justice" watchdog.

John McAuliff, director of the Fund for Reconciliation and Development, pointed out that Weinstein paved the way for the US to continue evading moral responsibility for its war crimes.

According to the American Constitution, all people have the right to live in peace and liberty and pursue happiness. But the Thursday ruling denies the same rights to millions of Vietnamese who are dead and dying because the US sprayed Agent Orange.

The case also throws light on the dubious role played by the US Department of Justice (DoJ). While it supported the American veterans in their 1984 class action, during the course of this suit, the DoJ issued a statement saying the spraying of herbicides was legal according to US and international laws. But, hopefully, Weinstein is not representative of the quality of the entire US legal system. For, despite the ruling on Thursday, the Vietnamese dioxin victims have the right to appeal to the US Courts of Appeal and Supreme Court.

Pressure on the US legal system is bound to rise with the international community vowing to stay on Viet Nam’s side as it pursues the lawsuit.

Justice for the Agent Orange victims is not inconceivable. - VNS

http://vietnamnews.vnagency.com.vn/showarticle.php?num=02COM120305

Forum posts

  • Vietnames is not Jewish life. America is not Germany. So, do you really think you will ever see a
    penny from U.S. to pay the damages for their warcrimes? America, Israel and Britain are none blame
    nations - their history records of murder and slaughter does not count.

  • I live in "amerika" or the monster that used to be a pretty decent place to live (probably back in the cowboy days). This is the type of thing the soldiers being sent into Iraq can expect. It is clear to me that unless you are rich, you don’t mean anything to the "government" and have no influence on anything.

    This country will NEVER own up to it’s flaws. It’s residents are all brainwashed sheep...most of them anyway... and the ones of us who DO know the truth and try to make others see that we need to come together and change this country, well, then we are "anti-american". People would rather go to their jobs, drink their beer, watch tv, eat dinner, go to bed and then get up and repeat it every day. They refuse to see the truth. They will never see this country for what it really is: A money making machine. What a facade. The magician has done his work well. So well that it may be too late to ever change without a balls-to-the-wall-revolution. Myaybe I’ll live to see it...

  • Mr John McAuliff,
    You,and those who support you are a traitors to your country and yourself.You get fat and rich by selling out those who fought for the freedom of ignorant,rebellious college children of the U.S.
    If you and those who share your beliefs, are so in love with your mission,then why not sell all your belongings,move to vietnam and give all the money from your sale to the poor of that country,and spend the rest of your days there.
    I highly doubt,by the look of your stature that you would do such a thing.You probably could’nt go 2 days without the rich food you enjoy so much.Just to put an ad in one of your rags cost $500.00 U.S
    I just pray for the day that true Americans will oust you and those who share your mindless babble from this great country.We will do our part by publicly exposing and protesting those corperations and schools who support your treason.You slap the face of Americas Military Personell,then cry for your right to freedom.
    T.W. Broberg

    • A traitor is the kind of fool who can see no wrong in his country. Which doesn’t say much for you. Why can’t you just face up to the facts. You are a disgraceful, expansionist country with the morals of a tom cat. You lost in Vietnam and therefore just cannot handle the fact that these people proved stronger, braver and more dedicated than your army can ever be. Get over it and pay compensation where it is due.