The French Court of Cassation is set to hold a public hearing in Paris on June 16 regarding a lawsuit filed by Agent Orange victim Tran To Nga against major United States chemical companies over their role in supplying the toxic defoliant during the Vietnam War.
Ahead of the hearing, Nga received a boost after the public prosecutor assigned to the case recommended overturning a 2024 ruling by the Paris Court of Appeal that dismissed her claim, the Vietnam News Agency reported.
The development was revealed by lawyer Bertrand Repolt, a member of Nga’s legal team, during a meeting at the French Senate on Thursday.
Repolt said both the reporting judge and the public prosecutor had submitted legal opinions during the appeal review. The prosecutor argued that the previous appellate court decision should be annulled.
Corporate liability for wartime supplies
At the center of the case is whether private companies that produced and supplied Agent Orange to the US military can invoke jurisdictional immunity to avoid legal liability.
Repolt said that the firms were commercial entities carrying out normal business activities and should not be exempt from accountability simply because their products were used in wartime operations.
He added that the Court of Cassation’s ruling could have broader implications by clarifying whether private corporations can be held responsible for products supplied to armed forces.
The court’s decision to conduct a public hearing and publish its ruling underscores the significance of the case. If the appeal court ruling is overturned, the case could be sent back to a newly constituted panel of the Paris Court of Appeal for reconsideration.
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Agent Orange victims’ call for justice
Speaking at a press conference, Nga said her legal fight is aimed not only at securing justice for herself but also for millions of Agent Orange victims in Vietnam.
She said that a favorable outcome could establish an important legal precedent for future cases.
The 85-year-old vowed to continue pursuing justice for as long as possible, including through other legal channels, such as the European Court of Human Rights if necessary.
She also highlighted that the prolonged legal battle has helped raise international awareness of the lasting consequences of Agent Orange, pointing to recent support from the Belgian Parliament and the unveiling of a memorial plaque in Paris as notable achievements.
Eleni Poulios 
Rosemarie Zamora 
Hazel Camba