INTERNATIONAL COURT OF JUSTICE
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Website: www.icj-cij.org
Press Release
Unofficial
2012/34 No.
Whaling in the Antarctic (Australia v. Japan)
New Zealand files a declaration of intervention in the proceedings
under Article 63 of the Statute
THE HAGUE, 21 November 2012. On Tuesday 20 November 2012, New Zealand, invoking
Article63 of the Statute of the Court, filed in te Registry of the International Court of Justice a
declaration of intervention in the case concerning Whaling in the Antarctic (Australia v. Japan).
To avail itself of the right of intervention conferred by Article 63 of the Statute, New Zealand
relies on its “status as a party to the Internaonal Convention for the Regulation of Whaling”.
NewZealand contends that “[a]s a party to the Convention, [it] has a direct interest in the
construction that might be placed upon the Convention by the Court in its decision in these
proceedings”.
In its declaration, New Zealand further explains that its intervention is directed to questions of
the construction, in particular, of ArticleVIII othe Convention, arising in the case. That article
provides, inter alia , that “any Contracting Government may gr ant to any of its nationals a special
permit authorizing that national to kill, takeand treat whales for purposes of scientific research
subject to such restrictions as to number and subject to such other conditions as the Contracting
Government thinks fit . . .”.
“Given its long-standing participation in the work of the International Whaling Commission,
and its views with respect to the interpretation and application of the Convention, including whaling
under Special Permit, New Zealand has determined that it is necessary for it to intervene in this case
in order to place its interpretation of the relevaprovisions of the Convention before the Court”,
New Zealand writes in its declaration.
At the end of its declaration, New Zealand provides the following summary of its
interpretation of Article VIII:
“(a)ArticleVIII forms an integral part of the system of collective regulation
established by the Convention.
(b)Parties to the Convention may engage in whaling by Special Permit only in
accordance with Article VIII.
(c) Article VIII permits the killing of whales under Special Permit only if: - 2 -
i. an objective assessment of the methodology, design and characteristics of the
programme demonstrates that the killing is only “for purposes of scientific
research”; and
ii.the killing is necessary for, and proportionate to, the objectives of that
research and will have no adverse effect on the conservation of stocks; and
iii. the Contracting Government issuing the Special Permit has discharged its
duty of meaningful cooperation with the Scientific Committee and the IWC.
(d)Whaling under Special Permit that does not meet these requirements of
Article VIII, and not otherwise permitted under the Convention, is prohibited.”
New Zealand underlines in its declaration “t hat it does not seek to be a party to the
proceedings” and “confirms that, by availing itself of its right to intervene [under Article 63 of the
Statute], it accepts that the construction given by the judgment in the case will be equally binding
upon it”.
In accordance with Article 83 of the Rules of C ourt, Australia and Japan have been invited to
furnish written observations on New Zealand’s declar ation of intervention. The time-limit for the
filing of such observations has been fixed at Friday 21 December 2012.
*
NewZealand’s declaration of intervention w ill shortly be available on the Court’s website
(http://www.icj-cij.org).
*
History of the proceedings
The history of the proceedings can be found in the Annual Report of the Court 2011-2012
(paragraphs 214-218), which can be downloaded from the Court’s website (www.icj-cij.org). Click
on “The Court”, and then on “Annual Reports”.
No further information can be provided about the positions of Australia and Japan as
expressed in their written pleadings, because at this stage of the proceedings the written pleadings
of the two Parties are not in the public domain and remain confidential.
*
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Char ter in June1945 and began its activities in
April1946. The seat of the Court is at the P eace Palace in TheHague (Netherlands). Of the
six principal organs of the United Nations, it is th e only one not located in New York. The Court
has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to - 3 -
it by States (its judgments have binding force and are without appeal for the parties concerned);
and, second, to give advisory opinions on legal que stions referred to it by duly authorized United
Nations organs and agencies of the system. The Court is composed of 15judges elected for a
nine-year term by the General Assembly and the Security Council of the UnitedNations.
Independent of the United Nations Secretariat, it is assisted by a Registry, its own international
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The ICJ, a court open only to States for cont entious proceedings, and to certain organs and
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___________
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 Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)
Whaling in the Antarctic (Australia v. Japan) - New Zealand files a declaration of intervention in the proceedings under Article 63 of the Statute