Agent Orange/dioxin lawsuit in France shows positive signs

Just a few days before the cassation hearing in the Agent Orange/dioxin case at France's Court of Cassation, the plaintiff's side said it had received a positive signal after the prosecutor involved in the case proposed overturning the earlier ruling by the Paris Court of Appeal.

The information was announced by lawyer Bertrand Repolt, a member of the legal team representing Tran To Nga, the plaintiff in the lawsuit against US chemical companies, at a meeting held on 11 June at the French Senate.

Lawyer Repolt said that during the review of the cassation appeal, in addition to the report from the judge handling the case, the prosecutor at the Court of Cassation also issued a legal opinion. According to him, the opinion has recommended annulling the Paris Court of Appeal's ruling.

According to Attorney Repolt, the central issue before the Court of Cassation is whether the commercial companies that produced and supplied Agent Orange/dioxin to the US military during the war in Viet Nam can claim sovereign immunity.

He argued that the defendants were commercial chemical companies that manufactured and supplied Agent Orange as part of their ordinary business activities before, during and after the war in Viet Nam. Therefore, the plaintiff's side maintains that these companies cannot invoke immunity simply because their products were used by the US military in wartime.

Repolt said the upcoming ruling will not only matter for Tran To Nga's case, but could also affect many other cases involving the question of whether private companies can be held responsible for products they supply to the military.

He also said the Court of Cassation had decided to hold a public hearing in the case and to publish the ruling widely. In his view, this indicates the exceptional importance of the case file. If the Court of Cassation annuls the Paris Court of Appeal's decision, the case is likely to be sent back to the Paris Court of Appeal, before a different panel, for a review of the merits.

Speaking at the press conference, Tran To Nga affirmed that her legal battle is not only for justice for herself, but also for millions of Agent Orange victims in Viet Nam. If the lawsuit succeeds, she said, what matters most will not only be the outcome of this case, but also its potential to set a precedent for similar struggles in the future.

Tran To Nga said that although she is now 85, she remains determined to pursue the case to the end. She stressed that even if she does not obtain the desired outcome at the Court of Cassation, she and her lawyers will continue seeking justice through other legal avenues, including the possibility of bringing the case before the European Court of Human Rights.

She also said the struggle over the years has achieved certain results in raising public awareness of the consequences of Agent Orange. The plaintiff cited two milestones she considers important achievements: a resolution by the Belgian Parliament in support of Agent Orange/dioxin victims, and the inauguration of a memorial plaque for Agent Orange/dioxin victims in Paris on 25 April.

At the press conference, Michelle Gréaume, Vice Chair of the French Senate's Committee on Foreign Affairs, Defence and Armed Forces, expressed support for Tran To Nga and highlighted the long-term consequences of Agent Orange on the environment and human health.

Gréaume noted that the effects of Agent Orange remain present more than 50 years after the war. According to her, around 2.6 million hectares of forests and mangroves in southern Viet Nam were destroyed, while dioxin still lingers in soil and sediment in many areas.

Citing figures from the Vietnamese Government, the French senator said there are currently about 3 million Agent Orange victims, and the children and descendants of those exposed continue to suffer the effects of the toxic chemical.

According to Gréaume, Tran To Nga's lawsuit is not only significant for her personally, but also stands as a symbol of the justice struggle of millions of Agent Orange victims in Viet Nam, Laos and Cambodia, who are still waiting for acknowledgement of the suffering and losses they have endured for decades.

Also at the press conference, organisations supporting Agent Orange/dioxin victims in France said the campaign has received broad backing from associations, social groups, environmental groups and political organisations.

According to a representative of Collectif Vietnam Dioxine, more than 60 organisations have joined the call to support the lawsuit and will hold a rally at Bastille Square in Paris on 20 June.

The French Court of Cassation hearing is scheduled to take place in public on the morning of 16 June in Paris. After the Evry Court dismissed the case in 2021 and the Paris Court of Appeal upheld that ruling in 2024, the latest developments are seen as a major turning point in Tran To Nga's more than decade-long legal battle against US chemical companies.