Ms. Tran To Nga will continue to pursue lawsuits against American chemical corporations.

On the morning of August 22, the Paris Court of Appeal issued a ruling, rejecting the civil lawsuit filed by Tran To Nga, a French citizen of Vietnamese origin, against American chemical corporations that provided the US military with Agent Orange/dioxin for use during the Vietnam War.

In a quick interview with reporters, Ms. Tran To Nga said she was "not surprised" by this verdict and would "not give up" but continue to pursue the lawsuit.

On the side of Bourdon Law Office, representatives of Ms. Tran To Nga, Mr. William Bourdon and Bertrand Repolt also expressed their determination to continue accompanying Ms. Tran To Nga.

The lawyers asserted: "The fight waged by our clients does not end with this decision. Therefore, we will appeal to the Court of Cassation. In this case, the judges have adopted a conservative attitude contrary to the modernity of the law and contrary to international and European law. The Court of Cassation will decide."

Looking back at the 15-year journey of this woman over 80 years old, we can see her extraordinary determination as well as the support of those who love peace.

Born in 1942 in Soc Trang province, Ms. Tran To Nga was a reporter for the Liberation News Agency and was exposed to dioxin during the war.

According to the medical examination results, the dioxin concentration in her blood was higher than the prescribed standard, leading to serious health effects. She suffered from 5 out of 17 diseases recognized by the US and listed in the list of diseases caused by Agent Orange. Not only her but her children also suffered from heart and bone defects. Her first child died at the age of 17 months due to congenital heart defects.

In May 2009, Ms. Tran To Nga testified at the International Court of Conscience for Vietnamese Agent Orange/dioxin victims in Paris. Afterwards, with the support and companionship of a number of French lawyers and social activists supporting Vietnamese Agent Orange victims, she decided to sue American chemical companies.

Ms. To Nga is one of the rare cases that can pursue lawsuits related to Agent Orange because she meets all three conditions: being a French citizen of Vietnamese origin; living in France, which allows lawyers to open international lawsuits to protect French citizens against another country that harms them; and being a victim of Agent Orange/dioxin.

In May 2013, the Criminal Court of Évry, the city where Ms. Tran To Nga lives, approved her lawsuit against chemical companies that supplied herbicides to the US military for use on the Vietnam battlefield.

However, after 19 procedural sessions, in the judgment of May 10, 2021, the Evry Court accepted the defense of the defendant companies that they “acted at the behest of and for the State of the United States” and thus enjoyed “immunity” because no sovereign State can subject another sovereign State to its jurisdiction.

Ms. Tran To Nga's lawyers objected to the ruling, arguing that the companies "submitted bids," meaning they did not act under duress. According to them, the Evry Court applied an outdated principle that "goes against modern principles of international law" and the French state.

Not to be deterred by this defeat. Immediately after the Evry City Criminal Court ruled that it lacked jurisdiction to hear the case related to the wartime actions of the US Government, Ms. Tran To Nga, with the support of lawyers and associations supporting Vietnamese Agent Orange victims, filed an appeal to the Paris Court of Appeal. The hearing was held on May 7 at the Paris Court of Appeal. The debate lasted 3 hours. Each side presented its arguments.

Lawyers for Ms. Tran To Nga asserted that there is sufficient evidence to show that these businesses participated in the bidding voluntarily, had the right to decide on the production, as well as the content of dioxin in the herbicide supplied to the US military in Vietnam during the period 1961-1971. These actions caused catastrophic consequences for the people and environment of Vietnam, lasting to this day.

Ms. Tran To Nga, their client, was a victim of this poison and suffered very serious consequences such as losing her first child, her other children's health being affected, and herself having cancer...

The lawyers also pointed out that the right to a trial is a fundamental right of Ms. Tran To Nga and hoped that justice could be restored for the victim. On their side, the lawyers representing the 14 chemical companies denied their clients' responsibility, asserting that these companies acted at the request of the US military, so they cited "immunity" that allows a State to avoid prosecution in the courts of another country, thereby denying responsibility for the consequences caused by the products of the companies on the battlefield in Vietnam.

In an interview with reporters, Ms. Tran To Nga said: "When I started the lawsuit, there were more than 3 million victims of Agent Orange in Vietnam. This number made my heart ache and motivated me to embark on this lawsuit. After 12 years of pursuing the journey of justice, I realized that this number did not stop there, but increased to more than 4 million victims and passed on to the 4th generation," she confided and emphasized that her fight was not only against the use of Agent Orange, but also the basis for other struggles for the environment.

"I always have the determination to pursue the lawsuit because this is a just and noble struggle. I fight not only for myself but also for all Agent Orange victims in Vietnam and other countries. When you fight for justice, you will have the determination to pursue the fight. This is what gives me strength and does not allow me to give up halfway. That is why I will go to the end," she affirmed.

During her 15-year journey to seek justice, Ms. Tran To Nga has received support not only from her compatriots in the country but also from overseas Vietnamese in France and many countries around the world, as well as the sympathy of many French and international friends.

First of all, we must mention the efforts of two lawyers, William Bourdon and Bertrand Repolt, who have always stood by Ms. Tran To Nga. Next is the support of many associations in Vietnam, France and many countries around the world, including the Vietnam Association for Victims of Agent Orange, the International Association of Democratic Lawyers, the Association of Vietnamese in France, the France-Vietnam Friendship Association, the Committee to Support Ms. Tran To Nga's Lawsuit, the Collectif Vietnam Dioxine Association...

Many demonstrations and meetings have been held to express solidarity with Ms. Tran To Nga and the Vietnamese victims of Agent Orange. The letter calling for support for Ms. Tran To Nga’s legal battle received thousands of signatures of support, including many important figures, politicians, diplomats, researchers, scholars, doctors, artists, etc.

During the war of aggression against Vietnam, from 1961 to 1971, the US military sprayed more than 80 million liters of herbicides, mostly Agent Orange/dioxin (the most toxic substance known to man to date) over 1/4 of the natural land area in Central and Southern Vietnam.

This largest chemical war in history has caused a humanitarian, health and environmental disaster with extremely serious and long-term consequences: more than 3 million Vietnamese people are still suffering from the consequences of cancer and diseases caused by dioxin; about 150,000 children, over four generations since 1975, have been born with serious deformities or disabilities (no limbs, blindness, deafness, external tumors, etc.); 1 million hectares of tropical forests were destroyed along with the disappearance of many wildlife species, 400,000 hectares of agricultural land were polluted; and until half a century later, the legacy of Agent Orange still exists and causes grief and sorrow.