Whaling in the Antarctic ‘Illegal’
.
ICJ Orders Japan to Halt Whaling
The Hague. International Court of Justice (ICJ) has finally ruled that Japan’s Antarctic whaling program is not for scientific purposes.
Japan had claimed that the 1,000 or so whales harpooned by its whalers each year are for “scientific research.”
In May 2010, Australia filed a case with the ICJ arguing that Japan’s whaling program is nothing but commercial whaling in disguise.
The Presiding Judge Peter Tomka said the court had decided, by 12 votes to four, “that Japan shall revoke any extant authorization, permit or license granted in relation to JARPA II [Japan’s whaling program in the Antarctic] and refrain from granting any further permits in pursuance of that program,” ordering a temporary halt to the whaling.
The court’s decision “is final, without appeal and binding on the Parties.”
Whale meat exported by Iceland and Norway for sale in Japan. Photo: via BBC. Image may be subject to copyright.
ICJ Statement: The Court finds that Japan’s whaling program in the Antarctic (JARPAII) is not in accordance with three provisions of the Schedule to the International Convention for the Regulation of Whaling.
The International Court of Justice in The Hague
(1) finds, unanimously, that it has jurisdiction to entertain the Application filed by Australia on 31 May 2010;
(2) finds, by twelve votes to four, that the special permits granted by Japan in connection with JARPA II do not fall within the provisions of Article VIII, paragraph 1, of the International Convention for the Regulation of Whaling;
(3) finds, by twelve votes to four, that Japan, by granting special permits to kill, take and treat fin, humpback and Antarctic minke whales in pursuance of JARPA II, has not acted in conformity with its obligations under paragraph 10(e) of the Schedule to the International Convention for the Regulation of Whaling;
(4) finds, by twelve votes to four, that Japan has not acted in conformity with its obligations under paragraph 10(d) of the Schedule to the International Convention for the Regulation of Whaling in relation to the killing, taking and treating of fin whales in pursuance of JARPA II;
(5) finds, by twelve votes to four, that Japan has not acted in conformity with its obligations under paragraph 7(b) of the Schedule to the International Convention for the Regulation of Whaling in relation to the killing, taking and treating of fin whales in the “Southern Ocean Sanctuary” in pursuance of JARPA II;
(6) finds, by thirteen votes to three, that Japan has complied with its obligations under paragraph 30 of the Schedule to the International Convention for the Regulation of Whaling with regard to JARPA II;
(7) decides, by twelve votes to four, that Japan shall revoke any extant authorization, permit or licence granted in relation to JARPA II, and refrain from granting any further permits in pursuance of that program
The Court therefore concludes that Japan has violated:
(i) the moratorium on commercial whaling in each of the years during which it has set catch limits above zero for minke whales, fin whales and humpback whales under JARPAII;
(ii) the factory ship moratorium in each of the seasons during which fin whales were taken, killed and treated under JARPA II; and (iii)the prohibition of commercial whaling in the Southern Ocean Sanctuary in each of the seasons during which fin whales have been taken under JARPA II.
Fishermen slaughter a 10m-long bottlenose whale at the Wada port in Minami-Boso city, Chiba prefecture, east of Tokyo. Photo: AFP. Image may be subject to copyright.
Related Links
- Japan Starts Annual Mass Killing of Whales January 6, 2014
- Whale of a Story February 19, 2010
- WhaleWatch [INDEX PAGE]
Fire Earth 