Australia submits case to The Hague citing Japan for alleged breach of international obligations concerning whaling

According to Australia’s Attorney-General Robert McClelland, Minister for Foreign Affairs Kevin Rudd and Minister for Environment Tony Burke on 9 May 2011:

The Government has announced that Australia will file its written submission in the Whaling Case against Japan at the International Court of Justice later today in The Hague.

The filing of the Memorial is the next step in the case to stop Japan’s Southern Ocean whaling program for good.

The Australian Government believes Japan’s whaling activities are contrary to its international obligations, in particular, the International Convention for the Regulation of Whaling.

Despite Australia repeatedly calling on Japan to cease its illegal whaling activities, Japan has refused to do so. That is why the Australian Government has taken this case in the ICJ.

The decision to commence proceedings in May 2010 was not taken lightly. The Government disagrees with Japan’s decision to continue whaling and this is the proper way to settle legal differences between friends.

Australia will argue that Japan is in breach of the general prohibition under the Convention on commercial whaling as well as a prohibition on such whaling in the Southern Ocean Sanctuary, also established under the Convention.

Japan has sought to rely on an exception to the Convention concerning whaling ‘for purposes of scientific research’.

The Government believes the whaling carried out by Japan is commercial, not scientific, and does not fall within that narrow exception.

The decision to take legal action demonstrates the Government’s commitment to do what it takes to end whaling globally.

The Memorial will remain confidential until its public release is ordered by the Court, which is likely to be at the first oral hearing of the case. Japan must file its Counter-Memorial by 9 March 2012.

In March, the ICJ accepted the nomination of Professor Hilary Charlesworth AM as Australia’s ad hoc judge in the Case.

There has been little reaction in the Japanese media to this latest move by Australia. Which is understandable given Japan's necessarily internal focus on recovery after the March 2011 earthquake and tsunami.

However, earlier this year, the Daily Yomiuri Online reported that the Government of Japan is considering ending Antarctic whaling:

Asked at a press conference Friday about the possibility of the country ending research whaling entirely, Agriculture, Forestry and Fisheries Minister Michihiko Kano replied: "We can't say anything definite about that."
According to ministry officials, however, discussions have already begun behind the scenes about ending Japan's Antarctic whaling.
Speaking on condition of anonymity, one high-ranking ministry official said five alternative scenarios have so far been studied:
-- Have the whaling fleet escorted by Japan Coast Guard vessels or others.
-- Build new whaling vessels capable of traveling at high speed.
-- Replace research whaling with commercial whaling.
-- Continue with the current whaling arrangements.
-- End whaling in the Antarctic Ocean.
The first option, whaling accompanied by escort vessels, was discussed in the government from around 2007, but was scrapped because there are no escort vessels that could travel all the way to the Antarctic.
The second alternative is "almost impossible," the official said, due to the government's severe fiscal condition.
Concerning the third option, Japan sought to bring about an IWC accord to resume commercial whaling at a meeting of the International Whaling Commission in June 2010. However, the meeting broke down when the gap could not be bridged between whaling and antiwhaling nations........
The ministry official said, "With the suspension of research whaling, there is no possibility of whaling continuing from next season as it has in the past."

'Research' whaling is still being conducted in waters off Japan in 2011.

Photograph The Daily Telegraph