International Court of Justice ruling against Japanese whaling

The Whales Have Won! — ICJ Rules Japan’s Southern Ocean Whaling ‘Not For Scientific Research’

Sea Shepherd Applauds the World Court for Protecting the Whales of the Southern Ocean Whale Sanctuary

Sea Shepherd,

31 March, 2014

In a stunning victory for the whales, the International Court of Justice (ICJ) in The Hague announced their binding decision today in the landmark case of Australia v. Japan, ruling that Japan’s JARPA II whaling program in the Antarctic is not for scientific purposes and ordering that all permits given under JARPA II be revoked. The news was applauded and celebrated by Sea Shepherd Conservation Society USA and Sea Shepherd Australia, both of which have directly intervened against Japanese whalers in the Southern Ocean.

Representing Sea Shepherd in the courtroom to hear the historic verdict were Captain Alex Cornelissen, Executive Director of Sea Shepherd Global and Geert Vons, Director of Sea Shepherd Netherlands. They were accompanied by Sea Shepherd Global’s Dutch legal counsel.

The case against Japan was heard by the ICJ in July of last year to decide whether Japan is in breach of its international obligations in implementing the JARPA II “research” program in the Southern Ocean, and to demand that Japan cease implementation of JARPA II and revoke any related permits until Japan can make assurances that their operations conform with international law.

In a vote of 12 to 4, the ICJ ruled that the scientific permits granted by Japan for its whaling program were not scientific research as defined under International Whaling Commission regulations. It ordered that Japan revoke the scientific permits given under JARPA II and refrain from granting any further permits under that program.

Prior to the verdict, there had been some speculation that the ICJ would not permit the hunting of endangered fin and humpback whales, but it would compromise and allow the hunting of minke whales. However, it has been Sea Shepherd’s contention all along that — no matter the species — no whales should be killed, especially in a sanctuary. Sanctuary means “a place of refuge or safety; a nature reserve” where animals are protected. To allow killing in an internationally designated sanctuary is to make a mockery of international agreements made by those countries who established the sanctuary in 1994. At that time, 23 countries supported the agreement and Japan was the only IWC member to oppose it.

Even the Ambassador from Japan to the U.S., Kenichiro Sasae, during a public meeting in Los Angeles in December 2013 attended by representatives of Sea Shepherd USA, had this to say about whales and whaling: ”As an individual, I like whales and if you go out and see the whales, there is no reason for us to kill this lovely animal. But it’s history and it’s politics, I would say. There are a small number of Japanese people still trying to get this won. But mainstream Japanese are not eating whale anymore.” At the same meeting, Ambassador Sasae stated that Japan will abide by the ICJ ruling.

Sea Shepherd Conservation Society’s international volunteer crew stood on the frontlines in the hostile and remote waters of Antarctica for eight years and then Sea Shepherd Australia took up that gauntlet for the last two years and will keep confronting Japanese whalers in Antarctica until we can once and for all bring an end to the killing in this internationally designated “safety zone” for whales. Over the years, Sea Shepherd has been the only organization to directly intervene against Japan’s illegal commercial whaling conducted under the guise of research, with their claims of research globally questioned. Indeed, Sea Shepherd has been the only thing standing between majestic whales and the whalers’ harpoons, as these internationally protected species — many of them pregnant — migrate through Antarctic waters each year.

“With today’s ruling, the ICJ has taken a fair and just stance on the right side of history by protecting the whales of the Southern Ocean Whale Sanctuary and the vital marine ecosystem of Antarctica, a decision that impacts the international community and future generations,” said Captain Alex Cornelissen of Sea Shepherd Global.

“Though Japan’s unrelenting harpoons have continued to drive many species of whales toward extinction, Sea Shepherd is hopeful that in the wake of the ICJ’s ruling, it is whaling that will be driven into the pages of the history books,” he said.

“Despite the moratorium on commercial whaling, Japan has continued to claim the lives of thousands of the gentle giants of the sea in a place that should be their safe haven,” said Sea Shepherd Founder, Captain Paul Watson. “Sea Shepherd and I, along with millions of concerned people around the world, certainly hope that Japan will honor this ruling by the international court and leave the whales in peace.”

Sea Shepherd Global will have the ships prepared to return to the Southern Ocean in December 2014 should Japan choose to ignore this ruling. If the Japanese whaling fleet returns, Sea Shepherd crew will be there to uphold this ruling against the pirate whalers of Japan.

Japan whaling future in doubt after Court ruling

Foreign Affairs Minister Murray McCully has welcomed an international court's decision that Japan's whaling in the Southern Ocean is illegal but has warned Japan could still try to side-step it.

NZ Herald,

1 April, 2014

The International Court of Justice (ICJ) overnight found Japan's Southern Ocean whale hunt is illegal under international law.

Video

Delivering its judgment on Australia's case against Japan, which saw evidence presented during a three-week hearing last year, the court found Japan's whaling programme in the Antarctic failed to meet the conditions for scientific whaling under regulations set by the International Whaling Commission (IWC), the body charged with the conservation of whales and the regulation of whaling.

It was ruled that no further permits for scientific whaling should be issued under Japan's scientific whaling programme.

In a 12-4 majority judgment, the UN court sided with Australia, finding that Japan's program fell short of following scientific methods, the Associated Press reported.

"The court concludes that the special permits granted by Japan for the killing, taking, and treating of whales ... are not 'for purposes of scientific research'," presiding judge Peter Tomka said.

Attorney-General Chris Finlayson gave evidence on behalf of New Zealand during the court case in the Hague July last year.

He told the court that Japan was wrongly interpreting article eight of the whaling convention, which deals with scientific permit whaling.

A minke whale is unloaded at a port after a whaling for scientific purposes in Kushiro. Photo / AP

"Under Japan's interpretation ... the convention is solely a vehicle for the optimum utilisation of whales through commercial whaling - nothing more than an industry cartel," he said.

Mr McCully said today that the court had ordered Japan to cease whaling under one program but he warned it could try to put together a new program that would meet some of the tests the court had outlined.

"We hope that won't happen and in the short term it won't because this is going to take a bit of working through," Mr McCully told National Radio.

"This judgement ... is very firm and very clear but it still does leave Japan with a decision to make after they've digested this, which is to look at whether they try to devise a new programme that is scientifically based that embark upon whaling in the Southern Ocean again. Our task is to make sure that we carry out a diplomatic conversation that dissuades them from embarking on that course."

Prime Minister John Key told 3News that with 16 judges on the panel at the International Court of Justice, the decision was "very comprehensive".

"I think it's more comprehensive than probably even we had hoped it would be."

The International Fund for Animal Welfare (IFAW) described the decision as a major victory for whale conservation and international law.

IFAW's global whale programme director Patrick Ramage said it meant whales in the Southern Ocean Sanctuary would be fully protected from commercial slaughter conducted under the guise of science.

"We respectfully urge Japan, Iceland and Norway, the last three countries still killing whales for commercial purposes, to accept that whaling has no place in the 21st century and to act in compliance with the judicial precedent set by the court today."

Sea Shepherd Australia chairman Bob Brown said the finding vindicated "a decade of courageous actions by Captain Paul Watson and his crews".

"All across Australia people will be celebrating this win due to Sea Shepherd and their huge public support for protecting whales in this country that led to the Australian Government to take this legal action."

Earthrace Conservation founder Pete Bethune, who was at the court for the original case said: "I am absolutely thrilled. Today will go down in history as a great day for whales, for conservation and for justice."