Japan dragged to international court to defend its illegal whaling

The case against Japan’s whaling program being heard at the International court of Justice (ICJ) begins at The Hague on Wednesday June 26th.

“Japan will be severely embarrassed by being dragged to this international court” saysMick McIntyre executive director of Australian based whale conservation group Whales Alive. McIntyre will be attending the court case as an observer.

The case against Japan has been brought by the Australian Government who will argue that Japan’s whaling program in the Southern Ocean Whale Sanctuary breaches international law .

“We all know that Japan’s so called scientific whaling program is a sham and finally we have the law on our side” saysMcIntyre

“We expect the judges of the ICJ to agree with the Australian Government that Japan’s whaling contravenes international law”

“This case against Japan is a once in a generation opportunity to stop this barbaric whaling, which is outdated, inherently cruel and for products that nobody needs”

McIntyre is attending the court case in The Hague as an observer and

is available for interview and comment. (International and local contact details here)

BACKGROUND

Hearings commence at the International Court of Justice (ICJ) in The Hague, Netherlands, on 26 June 2013 and are scheduled to conclude on 16 July 2013.

Australia’s legal case is based on the fact that Japan’s JARPAII whaling program in the Southern Ocean breaches international law because:

• 1. Japan has failed to observe the zero catch limit in relation to the killing of whales for commercial purposes set by the 1946 International Convention for the Regulation of Whaling (the Convention)
• 2. Japan is undertaking commercial whaling in the Southern Ocean Whale Sanctuary established by the International Whaling Commission under the Convention;
• 3. Japan’s activities are not consistent with Article VIII of the Convention due to the scale of JARPAII (Which clearly states that?)

When did Australia commence these proceedings in the ICJ?

Australia lodged its ‘Application Instituting Proceedings’ on 31 May 2010. Australia’s Application outlines the legal claim that is being made against Japan. In 2011 Australia lodged its written submissions (pleadings) with the ICJ, and Japan lodged its pleadings in 2012. These pleadings will be released on the first day of the hearings on 26 June.

When will the ICJ deliver its judgment?

Recent cases before the ICJ have on average been decided in 6 months, though some cases have taken as long as 9 months for a decision to be reached while others as little as 4 months.

http://www.whalesalive.org.au/

Contact Michael Young 0410 408 492

Mick McIntyre 0408 884 999

Skype: whalesalive

Statement on Australia’s case against Japan in the International Court of Justice on whaling in the Antarctic

Our organisations eagerly anticipate the forthcoming hearings in the International Court of Justice of Australia’s case against Japanese whaling in the Antarctic. We are pleased that the legality of so-called “scientific whaling” will be examined by the International Court of Justice, and that the sham it represents will be exposed for all to see.

Since the global moratorium on commercial whaling was introduced in 1986, Japan has killed over 14,000 whales in the name of science, over 10,000 of these in the Southern Ocean. This is in stark contrast to just over 2,000 whales killed under scientific permit by all nations prior to the moratorium.

Japan’s “scientific whaling” is simply commercial whaling by another name. It is not just the commercial scale of these programmes in question but also the complete failure of them to produce any science of value. There have been over 40 resolutions passed by the International Whaling Commission (IWC) condemning Japan’s “scientific whaling” and the IWC’s own Scientific Committee has made it clear the data Japan purports to collect is not even required should ever a return to commercial whaling be contemplated.

Japan’s research programme does not measure up to the standards and protocols that would generally be required for scientific research conducted today. Japan’s “scientific whaling” discredits the scientists who take part it in it, tarnishes Japan’s international reputation and is an embarrassment to science itself.

Whaling is a cruel and outdated practice and has, without exception, depleted every population it has targeted in its history. When countries created the International Convention for the Regulation of Whaling (ICRW) in the 1940s they may have honestly believed there was a place for some lethal research. But today we can learn everything we need to know about whales by studying them alive. There is absolutely no need for commercial or “scientific” whaling in the 21st Century.

While our organisations have long held animal welfare and conservation concerns over whaling, we have also openly questioned the legality of Japan’s slaughter of whales contrary to the ban on whaling and within the Southern Ocean Whale Sanctuary.

Independent panels of international legal experts reviewing Japan’s “scientific whaling” programme have consistently found it “unlawful” under international law. We anticipate that a similar outcome will come from the International Court of Justice.

We look forward to the judgment from the Court in the coming months. The Court’s decision will be important not just for the whales in the Antarctic but more broadly for compliance with all multilateral environmental agreements. There should be no tolerance for the abuse of science and international law so that countries can unilaterally thwart important conservation decisions.

Each new whaling season sparks international outcry from around the world. The gravity of this situation explains why Australia made the significant decision to take Japan to the World Court. Japan should see the writing on the wall and avoid international embarrassment by ending its Antarctic whaling now.

Contacts:

Matthew Collis, Marine Campaigns Manager, International Fund for Animal Welfare (IFAW) Australia, 0403 437 412

Darren Kindleysides, Director, Australian Marine Conservation Society, 0422 396 077

Alexia Wellbelove, Senior Program Manager, Humane Society International, 0415 954 600

Pam Eiser, President, Project Jonah Australia, 0416 511 596

Dr Mike Bossley, Manager Science & Education, Whale and Dolphin Conservation (WDC) Australasia, 0417 824 235

Mick McIntyre, Director, Whales Alive, 0408 884 999