Madison P. Bingle, Codifying Ecocide as an International Atrocity Crime: How Amending Ecocide into the Rome Statute Could Provide Vietnamese Agent Orange Victims Access to Justice (2023)

The United States military’s use of Agent Orange in Vietnam has left a
haunting legacy on the Vietnamese environment and people. While
military veterans have won legal battles for compensation, Vietnamese
and other Southeast Asian victims have been unsuccessful in their
legal claims. However, recent developments in the international
criminal field sparks new hope for these overlooked victims. This
Article argues that the reverberatory effects of codifying ecocide as
the fifth internationally recognized atrocity crime could promulgate
new avenues of relief for Vietnamese Agent Orange victims. Further,
this Article asserts that these avenues could become possible because
the use of Agent Orange in Vietnam would be officially recognized as
an atrocity crime backed by international customary law. As a result,
national courts with domestic statutes prohibiting ecocide could serve
as a potential forum of justice for victims. Lastly, the ecocide
movement could generate international political and diplomatic
pressure resulting in the United States finally providing reparations
for all Southeast Asian victims.