Just days before France’s highest court is due to hear a lawsuit over the use of Agent Orange/dioxin during the Vietnam War filed by Tran To Nga, a victim of the toxic chemical, against major US chemical firms, the plaintiff has received an encouraging signal, as a public prosecutor attached to the case has recommended overturning a previous ruling by the Paris Court of Appeal.
The development was disclosed by lawyer Bertrand Repolt, a member of the legal team representing Nga, the plaintiff in the lawsuit, at a meeting held at the French Senate on June 11.
Repolt said that during the Court of Cassation’s review of the appeal, both the reporting judge and the public prosecutor had submitted legal opinions. The prosecutor’s recommendation calls for the annulment of the Paris Court of Appeal’s 2024 decision, which upheld the dismissal of the case.
According to Repolt, the central issue before the court is whether private companies that manufactured and supplied Agent Orange to the US military during the Vietnam War can claim jurisdictional immunity for their actions. He said that the defendant companies were commercial entities engaged in the production and sale of chemical products as part of their normal business activities before, during, and after the war. As such, they should not be shielded from legal responsibility simply because their products were used by the US military.
Repolt stressed that the forthcoming ruling could have implications extending beyond Nga’s case, helping clarify whether private corporations can be held accountable for products supplied to the army.
He also noted that the Court of Cassation had decided to hold a public hearing on the case and is expected to make its ruling publicly available. According to him, this reflects the particular importance attached to the case. If the court overturns the ruling of the Paris Court of Appeal, the case will likely be referred back to a differently constituted panel of the Paris Court of Appeal for consideration on its merits.
Speaking at the press conference, Ms. Nga reiterated that her legal battle is not solely about seeking justice for herself but for millions of Agent Orange victims in Vietnam.
If the lawsuit succeeds, its significance will extend beyond the outcome of the case itself, potentially setting a legal precedent for similar struggles in the future, she said.
Ms. Nga, 85, reaffirmed her determination to pursue the lawsuit as long as she is able. She stressed that even if the Court of Cassation does not rule in her favor, she and her legal team will continue seeking justice through other legal avenues, including a possible appeal to the European Court of Human Rights. She also noted that the years-long legal battle has helped raise public awareness of the devastating impact of Agent Orange, citing the Belgian Parliament’s resolution supporting Agent Orange/dioxin victims and the inauguration of a memorial plaque in Paris on April 25 as significant milestones.
Michelle Gréaume, Vice Chair of the Senate Foreign Affairs, Defense, and Armed Forces Committee of France, voiced support for Nga and highlighted the long-lasting impact of Agent Orange on both the environment and human health.
Citing the Vietnamese Government’s estimates, Gréaume said around 3 million people have been affected by Agent Orange, with subsequent generations of exposed families continuing to suffer health consequences.
According to the French senator, Nga’s lawsuit has become a symbol of the struggle for justice by millions of victims in Vietnam as well as in Laos and Cambodia, who continue to seek recognition of the suffering they have endured over decades.
At the press conference, French organizations supporting Agent Orange/dioxin victims said the advocacy movement has gained broad backing from civil society and environmental and political groups. According to representatives of Collectif Vietnam Dioxine, more than 60 organizations have joined calls in support of the lawsuit and will hold a rally at Bastille Square in Paris on June 20.
The Court of Cassation is expected to hold a public hearing on June 16 in Paris.
Earlier rulings rejected the lawsuit, with the Evry court dismissing it in 2021 and the Paris Court of Appeal upholding that decision in 2024. These developments are widely seen as a significant turning point in Nga’s decade-long legal battle against US chemical companies.
)
