A federal judge in Brooklyn is considering a federal suit brought on by Vietnamese civilians against the chemical companies that produced and delivered Agent Orange for the U.S. military during the Vietnam conflict. The plaintifts believe that the United States effectively conducted "war crimes" by using the dioxin-laced herbicide throughout Vietnam. The Justice Department wants the judge to throw the case out as an infringement against executive warmaking powers (specifically questioning the right to sue the military for legitimate operations during war), but the plaintiffs' lawyers noted that this case wasn't directed against the federal government. What caught my eye were these remarks:
[The judge] asked from the bench whether precedents concerning the treatment of makers of Zyklon B, the hydrogen cyanide gas used in Nazi death camps, might be applicable to the claims against the companies that supplied Agent Orange to the military.
--------------------
George P. Fletcher, an international law professor at Columbia University, wrote on behalf of the Vietnamese that "in warfare it is permissible 'to stand and deliver'- to look the enemy squarely in the eye and shoot him - but not to look the other way and then use dioxin" to poison his food, land and water.
But, writing for the chemical companies, W. Michael Reisman, an international law expert at Yale, concluded that no treaty or principle of international law that was accepted by the United States during the Vietnam era declared herbicides to be poisons barred during warfare.
I really hope this guy listens to the (right) international law experts and gets his head straight on this subject. During the Vietnam conflict, it was not "permissible" to shoot civilians during combat (who are the subject of this case) but it was (technically) legal to use herbicides and riot control agents and even chemical warfare agents against the enemy. There was never any intent to use dioxin to poison food, land, or water. To compare the use of Agent Orange to Zyklon B is like comparing the Korean War to Pol Pot's "killing fields." I think the chemical companies (who did pay restitution to American veterans in a 1984 class action suit) are in the clear in this particular action.
- The companies developed their herbicides in accordance with government specifications, and the presence of very small quantities of dioxin was actually an accident. These same herbicides were being used on U.S. household lawns (in much smaller quantities). This was prior to the EPA (and illustrates the urgent need for this federal organization).
- The American military used this product to clear vegetation for the purposes of reducing ambushes, not to cause genocide. There was no deliberate targeting of noncombatants that could be construed as a "war crime," unlike, say, firebombing Tokyo or Dresden.
- The U.S. government had not ratified the 1925 Geneva Protocol on use of chemical weapons (although it had signed it). If the government wanted to use chemical weapons against enemy combatants (which it didn't), it would have been technically within international law.
- The U.S. government did not then, and does not now, consider napalm, herbicides and riot control agents to be applicable under chemical weapons treaties. They are chemical munitions (in as much as they have chemical and not high explosive fills), but not toxic chemical warfare munitions.
Mind you, I am not releasing the chemical companies of culpability for failure to research the long-term harmful effects of dioxin on people, animals, and vegetation. I am not sure the chemical companies or military leadership really understood the mass quantities of herbicide that the U.S. military dropped over the country and the potential cumulative effects of dropping millions of tons of herbicides on civilian-inhabited lands. But to accuse the companies of participating in war crimes, that's just absurd. I can understand the U.S. government's concern about this - what's next, suits against the manufacturers of depleted uranium rounds and artillery-delivered antipersonnel mines because of post-conflict issues? Suits against companies that develop sonar that might hurt acquatic animals? Suits against companies that make cruise missiles and JDAM kits because one hit the wrong target?
While we do need to keep companies within the military-industrial complex accountable to both the public and the military it serves, we ought not to hamstring the military and the arms industry to the point where we cannot use technology to better protect our troops and allow their safe return. Avoidance of unnecessary civilian casualties is always important, but must be tempered against the ultimate goal of successfully completing a military operation without undue costs of manpower and resources (to either side).








Recent Comments