Ethnic Kurds file class action in Baltimore against chemical makers

From the Maryland Daily Record :

Ben Mook
Daily Record Assistant Business Editor
9 Apr, 2009

Five survivors of the 1988 poison gas attacks of ethnic Kurds in Iraq have filed a class action lawsuit in Maryland claiming three American companies and the government of Iraq violated the Geneva Convention by using mustard and nerve gasses to kill tens of thousands of people.

Filed in U.S. District Court in Baltimore, the lawsuit says the companies supplied the regime of former Iraqi dictator Saddam Hussein with the chemical precursors and compounds needed to make the poison gases used in the six-month long “Operation Anfal.”

One of the companies, Alcolac Inc., was headquartered in Baltimore at the time of the attacks but is now defunct. Some of its assets were acquired by a French firm, Rhodia Inc., which is mentioned in the complaint but not named as a defendant.

A spokesman for Rhodia, David Klucsik, said Alcolac was not acquired until 1989 - by a predecessor to Rhodia called Rhone-Poulenc. Rhodia, the chemicals arm of Rhone-Poulenc was spun off in 1998.

"Rhodia did not exist until 1998," Klucsik said. "And, Rhone-Poulenc had no awareness of the allegations against Alcolac because the acquisition didn't occur until 1989."

Kenneth McCallion of New York, the lead attorney in the case, told The Associated Press he filed the complaint in Maryland because all three companies have operations there and because Alcolac pleaded guilty in 1989 to knowingly violating export laws by shipping a mustard-gas ingredient that ultimately went to Iran.

The lawsuit accuses the companies — Alcolac; West Chester, Pa.-based VWR International LLC; and Thermo Fisher Scientific Inc. of Waltham, Mass. — of selling lab materials and chemicals used in the manufacture of chemical weapons. Valerie Collado, spokeswoman for VWR International, said the company does not comment on pending litigation.

The plaintiffs claim the use of mustard and nerve gases during the attacks is a clear violation of the Geneva Convention of 1925.

“The ban on the use of chemical weapons in warfare was respected even during the depths of World War II, when only Nazi Germany had sarin nerve gas,” the complaint says.

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