[list_indonesia] [ppiindia] Agent Orange legal case dismissed
- From: "Ambon" <sea@xxxxxxxxxx>
- To: <"Undisclosed-Recipient:;"@freelists.org>
- Date: Thu, 10 Mar 2005 20:43:55 +0100
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http://news.bbc.co.uk/2/hi/americas/4336941.stm
Last Updated: Thursday, 10 March, 2005, 15:38 GMT=20=20
E-mail this to a friend Printable version=20=20
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Agent Orange legal case dismissed=20=20
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Vietnam's Red Cross says 150,000 children were severely affecte=
d=20
A US federal court in New York has dismissed a legal action brought b=
y Vietnamese plaintiffs over the use of Agent Orange during the Vietnam War=
.=20
The plaintiffs had sought compensation from the firms that manufactur=
ed the chemical, which allegedly caused birth defects, miscarriages and can=
cer.=20
They said use of the defoliant - to strip away forest cover during th=
e war - was a war crime against millions.=20
But Judge Jack Weinstein ruled there was no legal basis for their cla=
ims.=20
The civil action was the first attempt by Vietnamese plaintiffs to cl=
aim compensation for the effects of Agent Orange, which has been linked to =
a multitude of heath problems, including diabetes.=20
However, the chemical companies said no such link had been proved.=20
The defendants - including Dow Chemical and the Monsanto Corporation =
- also argued that the US government was responsible for how the chemical w=
as used, not the manufacturers.=20
They maintained that US courts could not punish corporations for carr=
ying out the orders of a president exercising his powers as commander-in-ch=
ief.=20
Birth defects=20
In a 233-page ruling, Judge Weinstein threw out the case, saying: "Th=
ere is no basis for any of the claims of plaintiffs under the domestic law =
of any nation or state or under any form of international law."=20
The US justice department had urged the federal judge to dismiss the =
lawsuit.=20
The court decision in full (930K)
Most computers will open PDF documents automatically, but you m=
ay need to download Adobe Acrobat Reader
Download and install the reader here=20
In a brief filed in January, it said opening the courts to cases brou=
ght by former enemies would be a dangerous threat to presidential powers to=
wage war.=20
Between 1962 and 1971, large quantities of Agent Orange were sprayed =
across parts of Vietnam to deprive communist North Vietnamese forces of for=
est cover.=20
In 1984, several chemical companies paid $180m (=A393m) to settle a l=
awsuit with US war veterans, who said that their health had been affected b=
y exposure to the substance.=20
Agent Orange was named after the colour of its container. The active =
ingredient was a strain of dioxin that stripped the jungle bare.=20
In time, some contend, the dioxin spread to the food chain causing a =
proliferation of birth defects.=20
Some babies were born without eyes or arms, or were missing internal =
organs.=20
A group representing alleged Vietnamese victims says three million pe=
ople were exposed to the chemical during the war, and at least one million =
suffer serious health problems today.=20
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