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Agent Orange case dismissed

  1. Mar 21, 2005 #1

    kat

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    Interesting ruling on the Class action Suite by vietnamese victims of Agent Orange

    Why Judge Weinstein Dismissed VAVAO's Agent Orange ATCA Suit

    So why, in the end, did Judge Weinstein dismiss the Agent Orange suit - having rejected all these possible arguments for dismissal?

    The reason he gave was simple: The random poisoning of a large number of people, if it is a side-effect of the deforestation of a battleground, is neither a crime against humanity, nor a violation of any treaty to which the U.S. was a signatory at the time the poisoning occurred.

    Customary international law, Judge Weinstein reasoned, requires crimes against humanity to fit into one of a number of relatively narrow categories: genocide, enslavement, deportation or forcible transfer of population, torture, or forced pregnancy. But poisoning with Agent Orange (at least as it was done by the U.S.), he concluded, fit none of these categories.


    http://writ.news.findlaw.com/sebok/20050321.html
     
  2. jcsd
  3. Apr 1, 2005 #2
    Like it was yesterday

    I've always felt that the coverup and denial by our government and the chemical companies was a war-crime it itself. A lot of birth defects and deaths should of been treated and studied but alas our government did yet another coverup.
    I remember in 1970, about 6am (still dark) walking to pick up messages with a fellow soldier as a truck drove by spraying. My friend backed up to avoid the spray and said "you should back up because that stuff may be toxic or something". I chose not to back up because there could be mines planted in the ground and I figured the toxins sprayed would be slower to act and the lesser of two evils.
    A decade later the VA hospital told me that nothing was sprayed in my area of Nam and that Agent Orange wasn't bad anyway. (I felt like finding some and throwing it on the doctor and seeing if she still felt that way).
    By the way, I have a few photos of a fence line in that area on my website homepage at the bottom. It is probably slow to load but you can tell that not much grew there even though the area was a rainy area that normally had a lot of plant growth. Gil of http://www.surrealcity.com
     
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