The court reasoned that the plaintiffs did not give adequate evidence to sue US chemical companies and that the toxic chemicals were used to protect the US army, not to kill civilians.

For the plaintiffs and other Vietnamese people as well as peace-loving people around the world, this is an unreasonable and unfair ruling. It defies the fact that more than 4.8 million Vietnamese people have been affected by Agent Orange/dioxin, of whom around 3 million, including many children, were directly exposed to the toxic chemicals. Tens of thousands of these people have long been suffering from the lingering pain physically and spiritually due to chronic illnesses. Many of them have died in desperation. The toxic chemical even affects the second and third generations of these victims. Many new-born babies have deformities.

According to statistics between 1960-1970 the US air force sprayed 72 million litres of defoliants on nearly 2 million hectares of forests and rice fields in South Vietnam. Scientists, including those from the US, pointed out that the consequences to the environment could be overcome though it is costly, but those on humans could be incurable. Many US soldiers who joined the war have suffered similar illnesses such as intestinal cancers, skin cancer and leukaemia. Their children have also contracted incurable illnesses. In an effort to demand justice, about 40,000 US soldiers exposed to the toxic chemicals during the Vietnam War sued US chemical companies which later agreed to pay US$180 million in compensation. However, for the Vietnamese case, the US Federal Court intentionally issued an unreasonable verdict, defying the truth and contrary to justice.

Tran Xuan Thu, Vice President and General Secretary of the Vietnam Association for Victims of Agent Orange/Dioxin (VAVA) affirmed that the court did not act fairly as its decision did not recognize what Vietnamese AO victims have endured for years. He even described the decision as inhuman, given the fact that millions of the victims and their relatives have struggled against the lingering pain day by day to live.

Len Aldis, Secretary of the Britain-Vietnam Friendship Society also described the court’s ruling as horrible for Vietnamese victims who have been waiting for a fair judgement for so long. He said that the US should admit their responsibility and compensate the Vietnamese victims. He expressed his belief that the moral duty would be fulfilled sooner or later.

The Vietnam Ministry of Foreign Affairs also said that the US court’s ruling was wrong and unfair. According to the ministry spokesperson, it is a pity that the verdict was made while the US Government has been cooperating with Vietnam in overcoming the consequences of the war.

It is worth mentioning that in a joint statement released in 2006 US President George W. Bush and President Nguyen Minh Triet acknowledged for the first time that the exposure of dioxin is the result of the past war which should be resolved by the two sides. They agreed to clean up Agent Orange/dioxin-contaminated hot spots at former US airbases, including Da Nang, Bien Hoa and Phu Cat airports. In an unprecedented move in May 2007 US Congress approved a US$3 million budget for the clean-up efforts and medical check-ups for residents living in and close to hot spots.

Overcoming the consequences of the Agent Orange/dioxin issue is a humanitarian issue that raises deep public concerns. Although the Vietnam War ended nearly 40 years ago, the consequences of the chemicals have continuously affected human health and socio-economic affairs. US chemical companies should be aware of this and make a practical contribution to settling the legacy of the war to fulfil legal and moral responsibility for not only American war veterans but also Vietnamese victims.