U.S. Use of Toxic Materials in Warfare and International Law : A Case Study of“Agent Orange”Product Liability Litigation

Abstract

Four million Vietnamese were exposed to toxic chemicals sprayed by the U.S. militaryand Saigon government in their defoliation and crop destruction campaign for 14 yearsfrom 1961 to 1975 in southern and central Vietnam. A million Vietnamese, includingchildren, are still suffering from serious health hazards including congenital deformitiesallegedly caused by the “herbicides” that contained dioxin, the strongest man-made poisonever known. While the U.S. government and the manufacturer companies have paidcompensation and benefits to the U.S. veterans who complained about similar symptoms,they have persistently denied their moral and legal responsibilities for Vietnamese people’sordeal. This essay examines the legal implications of a lawsuit, filed by the Vietnamesevictims in 2004 in a U.S. court against the manufacturers, on the international restrictionson newly developed, but not yet expressly forbidden, instruments of combat. The case wasdismissed by the court last year.Key words : herbicide, dioxin, poison, chemical weapons, liability under international law