CASE SUMMARY – SUBMITTED TO OECD AND THE INTERNATIONAL CRIMINAL COURT
Date: 9 July 2025
​
Complainant: Danielle Stevens (Child of a Vietnam Veteran)
​
Jurisdiction of Filing: Australia
​
Case Identifier: OECD Case 36 / ICC Submission under Article 15 of the Rome Statute
​
Request for Lead NCP Transfer: Netherlands NCP
​
Status: International complaint filed and under review
I. OVERVIEW
This case involves coordinated legal action against multinational chemical manufacturers, state governments, and medical and administrative institutions for their ongoing role in:
-
The production and distribution of TCDD (dioxin), the toxic component of Agent Orange
-
The concealment of its long-term, intergenerational harms
-
The failure to screen, recognise, or support second- and third-generation victims
-
The obstruction of justice for those impacted
I represent not only myself but millions of children, grandchildren, and civilians worldwide who continue to suffer from inherited chemical harm, denial of redress, and systemic persecution. This case names both corporate actors and state institutions as complicit in crimes against humanity, human rights violations & Transnational Organised Crime under Executive Order 13581.
​
​
​​II. NAMED MANUFACTURERS
​
This case directly implicates the following companies for their historical production and profit from Agent Orange, as well as their continued legal evasion and global market presence:
-
Dow Chemical Company (now Dow Inc.) – United States
-
Monsanto Company (now part of Bayer AG) – Germany
-
Hercules Inc.
-
Diamond Shamrock
-
Thompson-Hayward Chemical Company
-
Uniroyal Chemical Company
-
T-H Agriculture & Nutrition Company
-
Hooker Chemical
-
Occidental Petroleum (through acquired companies)
These companies knowingly produced TCDD-contaminated herbicides in defiance of growing toxicological warnings and concealed the dangers associated with dioxins, especially in military and civilian applications. They have faced litigation in the U.S. and Vietnam, but no redress has been granted to second-generation victims in countries like Australia, New Zealand, and Canada.
III. NAMED GOVERNMENTS & DEPARTMENTS
Governments and departments named for enabling or concealing harm include:
-
Government of Australia
-
Department of Veterans’ Affairs (Australia)
-
Department of Health and Aged Care (Australia)
-
Queensland Health
-
Centrelink / Department of Human Services (Australia)
-
Australian Human Rights Commission
-
Office of International Law (OIL, Australia)
-
Repatriation Medical Authority (RMA)
-
National Contact Point (AusNCP)
-
OECD-aligned governments of Germany, Canada, New Zealand, and the United States
These institutions are cited for deliberate failure to act after notification, despite clear international obligations under treaty and customary law.
IV. BREACHES OF THE OECD GUIDELINES
The following chapters and paragraphs of the OECD Guidelines for Multinational Enterprises have been breached:
Chapter II – General Policies
-
Paragraph 2: Failure to contribute to sustainable development and human rights
-
Paragraph 7: Lack of risk-based due diligence for TCDD-linked harm
Chapter IV – Human Rights
-
Paragraph 1: Failure to respect the human rights of second-generation survivors
-
Paragraph 2: Causing and contributing to harm through known chemical exposure
-
Paragraph 3: Failure to prevent, mitigate, or remediate violations
Chapter VI – Environment
-
Paragraphs 1, 2, 4: Failure to disclose dioxin risk, conduct adequate environmental health research, or act on known threats
Chapter VIII – Consumer Interests
-
Paragraph 4: Ongoing suppression of health information and access to records
Chapter IX – Science and Technology
-
Paragraph 2: Use and distribution of dangerous products without adequate safety standards or post-market monitoring
V. BREACHES OF THE ROME STATUTE (INTERNATIONAL CRIMINAL COURT)
The following provisions of the Rome Statute have been breached through ongoing systemic neglect, deliberate inaction, and institutional suppression of rights:
Article 7(1)(k): Other Inhumane Acts
-
Severe, prolonged, and preventable suffering inflicted through denial of care, legal redress, and recognition
​
Article 7(2)(h): Inhumane Conditions
-
Exposure to conditions of life and health causing mental and physical harm over decades
​
Article 25(3)(d): Individual Criminal Responsibility
-
Corporate and state actors contributing to these acts knowingly or through willful disregard
​
Article 28(b): Responsibility of Superiors
-
Government officials and department heads failing to intervene or report despite being fully informed of the harm
Article 5 and Preamble
-
Crimes against humanity and failure to prevent foreseeable long-term harm from chemical agents in both wartime and peacetime contexts
VI. TIMELINE OF LEGAL ESCALATION
-
June 2025: 96 coordinated legal notices issued with 30-day deadline
-
Mid-June 2025: 15-day legal warning notices issued
-
1 July 2025: Case filed with the ICC under Article 15
-
10 July 2025: Formal request submitted to transfer OECD Case 36 to the Netherlands NCP
-
15 July 2025: Deadline for AusNCP to comply or be recorded as obstructive in ICC Annex B
VII. REQUESTED OUTCOMES
-
Immediate transfer of lead NCP role to the Netherlands
-
Full review of the complaint by the Netherlands NCP in cooperation with Germany, Canada, New Zealand, and the U.S.
-
Acknowledgement that this case represents ongoing persecution of millions due to states, military and corporate negligence
-
ICC to open a preliminary examination into crimes against humanity as committed through inherited toxic harm, state concealment, and denial of redress
-
Enforcement of redress obligations under international human rights law and chemical safety treaties, including the Stockholm Convention
VIII. CONTACT
Danielle Stevens