During the 1960’s Vietnam War, the United States sprayed toxic herbicides in Southern Vietnam. Doing such action was considered effective in meeting some of the important US and allied military objectives in Vietnam. Agent Orange or also known as Herbicide Orange is one of the herbicides and defoliants used by the US military as part of its herbicidal warfare program. It was a mixture of equal parts of two herbicides namely: (1) 2,4,5-T; and (2) 2,4-D.
From one of the 1969 reports, Courtney et. al. found out that 2,4,5-T can cause birth defects and stillbirths in mice. Some other studies have shown also an increase in the cancer mortality rate for workers exposed in the same chemical. After some other studies and investigations, it was discovered and it was
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This civil action was filed pursuant to the Alien Tort Claims Act (ATCA), 28 U.S.C. para. 1350, and pursuant to other statutory and common law provisions, for aiding and abetting violations of international law and war crimes. Under the Alien Tort Statute, it grants the District Court jurisdiction over any civil action by an alien claiming damages for a tort committed in violation of international law or a treaty of the United States. They also asserted claims grounded in domestic tort law. The claims arise out of defendants’ manufacture and supply of herbicides which were used in Vietnam between 1961 and 1975 and which have caused death and injury. They claimed to have suffered injuries as a result of their exposure to and contamination by these herbicides. Therefore, the plaintiffs sought money damages for personal injuries, wrongful death and birth defects and injunctive relief for environmental contamination and disgorgement of profits. However, the District Court dismissed these claims in 2005. The, the plaintiffs