Ms. Cohn, who previously served as a judge on the International Peoples Tribunal of Conscience in support of Vietnamese AO victims held in Paris , France , in May, demanded that ‘It is time to make good on Nixon’s promise and remedy this terrible wrong the US Government has perpetrated on the people of Vietnam. Congress must pass legislation to compensate the Vietnamese victims of Agent Orange as it did for the US Vietnam veteran victims.’
She wrote that ‘from 1961 to 1971, the US military sprayed Vietnam with Agent Orange, which contained large quantities of Dioxin, in order to defoliate the trees for military objectives. Dioxin is one of the most dangerous chemicals known to man. It has been recongised by the World Health Organisation as a carcinogen (causes cancer) and by the American Academy of Medicine as a teratogen (causes birth defects).’
The lawyer continued by saying ‘Between 2.5 and 4.8 million people were exposed to Agent Orange and 1.4 billion hectares of land and forests, approximately 12% of the land area of Vietnam , were sprayed. The Vietnamese people who were exposed to the chemical have suffered from cancer, liver damage, pulmonary and heart diseases, defects to reproductive capacity and skin and nervous disorders. The children and grandchildren of those exposed have severe physical deformities, mental and physical disabilities, diseases and shortened life spans. The forests and jungles in large parts of southern Vietnam have been devastated and denuded. They may never grow back and if they do, it will take 50 to 200 years to regenerate.’
She took a legislative victory by US soldiers, who served in the war in Vietnam, in their lawsuit against US chemical companies as a supporting example for Vietnamese victims.
‘The case settled out of court for US$180 million which gave a few plaintiffs more than a few thousand dollars each. Later, the US veterans won a legislative victory for compensation for exposure to Agent Orange and now receive US$1.52 billion per year in benefits,’ explained the US lawyer.
‘But when the Vietnamese victims of Agent Orange sued the chemical companies in a federal court, US District Judge Jack Weinstein dismissed the lawsuit, concluding that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907,’ wrote Cohn.
She added that ‘At last months court, Chemist Dr. Pierre Vermeulin testified that it was estimated that US$1 billion would be needed to restore just one hectare of land in Vietnam . The cost of caring for the victims, many of whom need 24-hour care, is enormous. In 1973, President Richard Nixon promised US$3.25 billion in reconstruction aid to Vietnam ‘without any preconditions.’ That aid was never received,’ she emphasised.
‘There are only 11 Friendship Villages in Vietnam; 1,000 are needed to care for the child victims of Agent Orange. An estimated 3 million Vietnamese people were killed in the war, which also claimed 58,000 American lives. For many other Vietnamese and US veterans and their families, the war continues to take its toll,’ the senior US lawyer concluded.
