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. 2012/18
18 May 2012
Whaling in the Antarctic (Australia v. Japan)
Closure of written proceedings
THE HAGUE, 18 May 2012. The International Co urt of Justice (ICJ), the principal judicial
organ of the United Nations, has decided that the f iling of a Reply by Australia and a Rejoinder by
Japan in the case concerning Whaling in the Antarctic (Australia v. Japan) is not necessary. The
written proceedings in the case are accordingly closed.
The subsequent procedure has been reserved for further decision.
*
History of proceedings
On 31May2010, Australia instituted proceed ings against Japan, alleging that “Japan’s
continued pursuit of a large-scale program of whaling under the Second Phase of its Japanese
Whale Research Program under Special Permit in the Antarctic (‘JARPAII’) [is] in breach of
obligations assumed by Japan under the Internati onal Convention for the Regulation of Whaling
(‘ICRW’), as well as its other international obligations for the preservation of marine mammals and
the marine environment”.
In its Application, Australia requests the ourt to adjudge and declare that “Japan is in
breach of its international obligations in impementing the JARPAII program in the Southern
Ocean”, and to order that Japan: “ (a) cease implementation of JARPAII; (b) revoke any
authorisations, permits or licences allowing the activ ities which are the subject of this application
to be undertaken; and (c) provide assurances and guarantees that it will not take any further action
under the JARPAII or any similar program until such program has been brought into conformity
with its obligations under international law.”
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. - 2 -
By an Order of 13 July 2010, the Court fixe d 9 May 2011 as the time-limit for the filing of a
Memorial by Australia and 9 March 2012 as the ti me-limit for the filing of a Counter-Memorial by
Japan. Those written pleadings were filed within the time-limits thus fixed.
*
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 Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the 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 it by
States (its judgments have binding force and are without appeal for the parties concerned); and,
second, to give advisory opinions on legal questi ons 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 United Nations. It is
assisted by a Registry, its international secretariat, whose activities are both judicial and diplomatic,
as well as administrative. The official languages of the Court are French and English.
The ICJ, a court open only to States for cont entious proceedings, and to certain organs and
institutions of the United Nations system for advisory proceedings, should not be confused with the
other ⎯ mostly criminal ⎯ judicial institutions based in The Hague and adjacent areas, such as the
International Criminal Tribunal for the former Yugoslavia (ICTY, an ad hoc court created by the
Security Council), the International Criminal Court (ICC, the first permanent international criminal
court established by treaty, which does not belong to the United Nations system), the Special
Tribunal for Lebanon (STL, an independent judicial body composed of Lebanese and international
judges, which is not a United Nations tribunal an d does not form part of the Lebanese judicial
system), or the Permanent Court of Arbitration (PCA, an institution founded in 1899, which is
independent of the United Nations).
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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) - Closure of written proceedings