[Excerpt: The defendants - which include Dow Chemical and the Monsanto
Corporation - also argue that the US government is responsible for how
the chemical was used, not the manufacturers.....they maintain that US
courts cannot punish corporations for carrying out the orders of a
president exercising his powers as commander in chief.]

http://212.58.240.132/1/hi/world/americas/4305287.stm

Last Updated: Monday, 28 February, 2005, 22:46 GMT

Agent Orange lawsuit opens in US

A court in New York is hearing a lawsuit brought by Vietnamese
plaintiffs over the use of Agent Orange by the US during the Vietnam
war.

The plaintiffs are seeking compensation from the US firms that
manufactured the chemical for the military in the 1960s.

The alleged victims say the defoliant - which contains toxic dioxins -
is responsible for health problems affecting millions of Vietnamese.

However the chemical companies say no such link has been proved.

The defendants - which include Dow Chemical and the Monsanto Corporation
- also argue that the US government is responsible for how the chemical
was used, not the manufacturers.

They maintain that US courts cannot punish corporations for carrying out
the orders of a president exercising his powers as commander in chief.

Birth defects

The US justice department has urged the federal judge to dismiss the
lawsuit.

In a brief filed last month, it said opening the courts to cases brought
by former enemies would be a dangerous threat to presidential powers to
wage war.

Between 1962 and 1971, large quantities of Agent Orange were sprayed
across parts of Vietnam to deprive communist North Vietnamese forces of
forest cover.

In 1984, several chemical companies paid $180m (�93m) to settle a
lawsuit with US war veterans, who said that their health had been
affected by exposure to the substance.

Agent Orange was named after the colour of its container. The active
ingredient was a strain of dioxin that stripped the jungle bare.

In time, some contend, the dioxin spread to the food chain causing a
proliferation of birth defects.

Some babies were born without eyes or arms, or were missing internal
body parts.

A group representing alleged Vietnamese victims says three million
people were exposed to the chemical during the war, and at least one
million suffer serious health problems today.
enditem


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