Australia Takes Japan to the ICJ for Whaling

In an article reported yesterday in The Conversation, it was confirmed that Australia has taken Japan to the International Court of Justice (ICJ) over whaling in the Southern Ocean.

The case is scheduled to be heard in the ICJ from 26 June 2013 to 6 July 2013 and the ICJ is currently composed of a President (from Slovakia), a Vice-President (Mexico), and Judges from Japan, France, New Zealand, Morocco, Russian Federation, Brazil, Somalia, UK, China, USA, Italy, Uganda and India. Australia is also entitled to appoint an ad-hoc judge to sit on the case as it does not currently have someone of Australian nationality sitting on the ICJ.

On 31 May 2010, Australia filed its applications before the ICJ. This was followed by written applications on 9 May 2011. New Zealand has also intervened on the matter, filing a declaration of intervention on 20 November 2012.

Australia wants the ICJ to find Japan in breach of its international obligations in implementing the JARPA II program in the Southern Ocean (the second of Japan’s “Whale Research Program under Special Permit in the Antarctic”), and to order that Japan:

• cease implementing JARPA II

• revoke any authorisations, permits or licenses allowing the activities which are the subject of this application to be undertaken

• provide assurances and guarantees that it will not take any further action under the JARPA II or any similar program until such program has been brought into conformity with its obligations under international law.

Once the decision is delivered by the ICJ, the decision will be fully binding without further recourse to appeal.

To read more, click here.

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