HANOI - Vietnamese Agent Orange victims on Friday angrily condemned a US court's dismissal of their lawsuit accusing a string of US chemical firms of crimes against humanity and pledged to continue their legal battle.
A New York judge threw out the case, filed on behalf of millions of Vietnamese harmed by the war-era defoliant, on Thursday, saying it had no basis in law.
"It is a wrong decision, unfair and irresponsible," said Nguyen Trong Nhan, vice president of Vietnam's Association for Victims of Agent Orange (VAVA), saying the legal fight would continue.
"This is just another war that could be long and difficult, as was the Vietnam war. We are determined to pursue it until the very end, until the day we will be able to ask for justice," he told AFP.
Agent Orange was used by the US Army in the 1954-1975 Vietnam War to clear the jungle and prevent enemy forces from being able to use the dense foliage for cover.
The lawsuit, against firms including pharmaceutical giants Monsanto, Dow Chemical and Hercules Incorporated, won mass support in Vietnam where 11.5 million people signed a petition, according to official figures.
District court judge Jack Weinstein said there was no law that could enforce the plaintiffs' claim that the firms were guilty of crimes against humanity for making Agent Orange available.
"There is no basis for any of the claims of plaintiffs under the domestic law of any nation or state or under any form of international law. The case is dismissed," the judge said.
Vietnam's government expressed its anger on Friday.
"The truth cannot be changed. Agent Orange and dioxin sprayed by the American army have had extremely heavy consequences on people and the environment in Vietnam," said foreign ministry spokesman Le Dung.
"American producers have to be legally responsible towards... not only former American soldiers but also victims in Vietnam," he said adding he was convinced the fight would "continue to gather a wide support from the international community".
The US-based Fund for Reconciliation and Development (FRD) said the judge's decision made it easier for the United States to "continue to evade moral responsibility for the consequences of its actions."
"Regardless of how much chemical companies and the US government knew about the poisonous dioxin... they should not hide behind legal and scientific technicalities to avoid facing their obligation...," FRD executive director John McAuliff said.
In theory, the decision can be appealed and then taken to the US Supreme Court.
Some Vietnamese experts believe an appeal could be possible on the legal precedent of a 1984 class action settlement, when manufacturers agreed to pay 180 million dollars to US war veterans who died or became ill after exposure to defoliants.
"There's no reason why those who sprayed chemical products got compensation for their contamination... and the direct victims' suit is rejected by an American court," said Professor Ngo Thanh Nhan, who participated in the campaign to drum up support for the case.
He was quoted in the Tuoi Tre newspaper, which was one of several dailies to condemn the decision.
"It is not only a legal matter. The two aspects, legal and moral, have to be examined," said Nguyen Van Tuan, an Australian scientist of Vietnamese origin, told Tuoi Tre.
"We wonder why the United States allow themselves to teach Vietnam lessons about human rights as they try to avoid their responsibilities...," said the People's Army mouthpiece, Quan Doi Nhan Dan.
In September, the US State Department singled out Vietnam as a "country of particular concern" over its abuse of religious freedom.
03/11/2005 11:20 GMT