13 July 2004	Tuesday	24 Jamadi-ul-Awwal 1425

HANOI: American lawyers representing Vietnamese victims of Agent Orange are quietly confident that the manufacturers of the defoliant used by US forces during the Vietnam War will be held to account.

On January 30, a lawsuit against more than 30 American chemical companies was filed in the US Federal Court in Brooklyn, New York, by the Hanoi-based Vietnam Association for Victims of Agent Orange.

The suit was lodged on behalf of three adults in Vietnam and all other Vietnamese nationals exposed to herbicides during the war. The plaintiffs are seeking compensatory and punitive damages.

The defendants, who include subsidiaries of New York Stock Exchange-listed giants Dow Chemical, Monsanto and Occidental Petroleum, are accused of complicity to war crimes and crimes against humanity, among other charges.

Constantine Kokkoris, the lead attorney for the plaintiffs, believes the case is strong. "I am confident, and my confidence is buoyed by the judge's comments at the initial conference on March 18. He said we had a serious case," the American national said in an interview last week during a visit to Vietnam.

"The law in the United States has evolved, as has the scientific evidence of the effects of Agent Orange, and it is now possible to have a serious claim." Kokkoris and his legal team arrived in Vietnam on June 29 on a two-week mission to meet Agent Orange victims and medical experts. He says more names are expected to be added to the list of plaintiffs.

The legacy of Agent Orange remains a source of contention between the Vietnamese and US governments, who only established diplomatic relations in 1995, two decades after the war ended.

From 1961 to 1971, the US and South Vietnamese military sprayed millions of litres of toxic herbicides, mainly Agent Orange, over South Vietnam to destroy the vegetation used by communist forces for cover and food.

Various herbicide mixtures identified by coloured stripes on their containers, were used during the spraying programme, which was known as Operation Ranch Hand. Agent Orange was the most common mixture used.

Hanoi says the defoliant has caused health problems for more than one million Vietnamese and continues to have devastating consequences. A study, released last year by scientists from the United States, Germany and Vietnam, found that Agent Orange was still contaminating people through their food.

Dioxin, the defoliant's deadly component, can cause an increased risk of cancers, immunodeficiencies, reproductive and developmental changes, nervous system problems and other health effects, according to medical experts.

Vietnam says the United States has a moral and humanitarian responsibility to heal the wounds of the war but it has never formally asked for compensation for Agent Orange victims.

Washington, however, insists there is no direct evidence linking dioxin with any illnesses. Agreeing to disagree, both governments signed a pact in March 2002 on a framework for more research into the impact of the defoliant.

Kokkoris admits that justice for the victims still remains a long way off. He expects the defendants to file a motion in September to have the case dismissed, but he is confident it will not be thrown out.

Nevertheless, acutely aware of the potential pitfalls ahead, the US attorney refuses to rule out the possibility of an out of court settlement. "Certainly, we would consider it if a reasonable offer was made. A case like this could take years and it is very time-consuming."

US chemical companies engaged in the production of Agent Orange, including Dow Chemical and Monsanto, have found themselves in the dock before. In 1984, in a class action settlement with no admission of liability, manufacturers agreed to pay 180 million dollars to US war veterans who died or became ill after exposure to Agent Orange or other defoliants.

But for years US veterans have been seeking additional compensation to that settlement, and in June 2003 the Supreme Court ruled they could continue to pursue claims against the manufacturers despite the earlier settlement.

The timing is now right, Kokkoris believes, for Vietnamese Agent Orange victims to seek justice as well. "I have had a long love for the Vietnamese people and I believe they have been seriously wronged," he said. -AFP