INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2010/16
1 June 2010
Australia institutes proceedings against Japan for alleged breach of
international obligations concerning whaling
THEHAGUE, 1June2010. Australia yest erday instituted proceedings before the
International Court of Justice against the Government of Japan, alleging that
“Japan’s continued pursuit of a large scal e programme of whaling under the Second
Phase of its Japanese Whale Research Programme under Special Permit in the
Antarctic (“JARPA II”) [is] in breach of obligations assumed by Japan under the
International Convention for the Regulation of Whaling (“ICRW”), as well as its other
international obligations for the preser vation of marine mammals and marine
environment”.
The Applicant contends, in particular, that Japan “has breached and is continuing to breach
the following obligations under the ICRW:
(a) the obligation under paragraph 10 (e) of the Schedule to the ICRW to observe in good faith the
zero catch limit in relation to the killing of whales for commercial purposes; and
(b) the obligation under paragraph 7 (b) of the Schedule to the ICRW to act in good faith to refrain
from undertaking commercial whaling of humpback and fin whales in the Southern Ocean
Sanctuary.”
Australia points out that
“having regard to the scale of the JARPA II programme, the lack of any demonstrated
relevance for the conservation and manageme nt of whale stocks, and to the risks
presented to targeted species and stocks, the JARPA II programme cannot be justified
under Article VIII of the ICRW” (this article regulates the granting of special permits
to kill, take and treat whales for purposes of scientific research).
Australia alleges further that Japan has also breached and is continuing to breach, inter alia,
its obligations under the Convention on Internati onal Trade in Endangered Species of Wild Fauna
and Flora and under the Convention on Biological Diversity. - 2 -
At the end of its Application, Australia requests the Court to adjudge and declare that “Japan
is in breach of its international obligations in implementing the JARPAII programme in the
Southern Ocean”, and to order that Japan:
“(a) cease implementation of JARPA II;
(b) revoke any authorisations, permits or licences allowing the activities which are the
subject of this application to be undertaken; and
(c) provide assurances and guarantees that it w ill not take any further action under the
JARPA II or any similar programme until such programme has been brought into
conformity with its obligations under international law.”
*
Australia explains in its Application that it has consistently opposed Japan’s JARPAII
programme, both through individual protests and demarches and through re levant international
forums, including the International Whaling Commission.
*
As the basis for the jurisdiction of the Court, the Applicant invokes the provisions of
Article 36, paragraph 2, of the Court’s Statute, referring to the declarations recognizing the Court’s
jurisdiction as compulsory made by Australia on 22 March 2002 and by Japan on 9 July 2007.
___________
Australia’s Application will be ava ilable shortly on the Court’s website
(www.icj-cij.org).
Information Department:
Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)
Australia institutes proceedings against Japan for alleged breach of international obligations concerning whaling