Almost three decades after agreeing to a ban on commercial whaling, Japan has been forced to stop hunting for whales in the Southern Ocean. But why did Australia initiate legal action against Japan over whaling, and how has the case developed?
Australia's stance on commercial whaling
According to the Department of Environment, Australia is "resolutely opposed" to all forms of commercial whaling, including so-called "scientific whaling".
Australia officially ended commercial whaling in 1979, after whale hunting during the 19th and 20th centuries brought several whale species to the brink of extinction.
What is the International Whaling Commission?
The International Whaling Commission was formed on 2 December, 1946 under the International Convention for the Regulation of Whaling. There were 14 member states at the time.
The Commission has since introduced the global moratorium on commercial whaling in 1986, as well as a conservation committee in 2003. It is the main forum where Australia can defend and promote whale conservation.
Out of the 88 countries that are part of the Commission today, three countries are still practicing commercial whaling – Japan, Norway and Iceland
Why is Australia taking legal action against Japan in the International Court of Justice?
Australia has been a strong opponent against commercial whaling since it outlawed the practice in 1979.
The Department of Environment considers Japan’s whaling practices "contrary to its international obligations and should stop."
On 31 May, 2010, Australia initiated legal action against Japan in the International Court of Justice (ICJ) with the intention to end ‘scientific’ whaling in the Southern Ocean.
Who is involved in the whaling case against Japan?
- Bill Campbell QC, General Counsel (International Law) in the Attorney-General's Department was appointed to act as Australia's Agent (he is also Counsel in the case)
- H.E. Neil Mules (Australia's Ambassador to The Netherlands), to act as Australia's Co-Agent
Counsel who appeared in the case for Australia included:
- The Solicitor-General Justin Gleeson SC
- Mr Henry Burmester AO QC
- Professor James Crawford AC SC (the Whewell Professor of International Law at the University of Cambridge)
- Professor Philippe Sands QC (of the University College London) and;
- Professor Laurence Boisson de Chazournes (of the University of Geneva)
- The former Attorney-General, the Hon Mark Dreyfus QC MP, also appeared
Timeline of the Japanese whaling case
31 May 2010 – Australia initiates legal action over Japanese whaling
Australia initiates legal action over Japan’s commercial whaling practice. In a media statement, former Minister for Foreign Affairs Stephen Smith said:
“The Australian Government has not taken this decision lightly. We have been patient and committed in our efforts to find a diplomatic resolution to this issue.
"Both Australia and Japan have agreed that, whatever our differences on whaling, this issue should not be allowed to jeopardise the strength and the growth of our bilateral relationship.
"At the same time, the Australian Government will keep working tirelessly to achieve an end to whaling in the Southern Ocean, and we will use all legal and diplomatic avenues to achieve our goal."
9 May 2011 – Australia files its written submissions (Memorial)
9 March 2012 – Japan files its written submission (Counter-Memorial)
Japan files its written submission (Counter-Memorial) in response to Australia’s Memorial.
20 November 2012 – New Zealand files a ‘Declaration of Intervention’
New Zealand files a ‘Declaration of Intervention’ on 20 November 2012.
- On 6 February 2013, the court decided that New Zealand's intervention was admissible.
- New Zealand filed its written submissions on 4 April 2013.
- Australia and Japan replied to the court's invitation to respond to New Zealand's submissions on 31 May 2013.
- New Zealand presented its observations to the court on 8 July 2013.
26 June to 16 July 2013 – Oral hearings held
Oral hearings held across three weeks at the Peace Palace in The Hague, Netherlands. This is the last phase of the legal proceedings before the Court delivers its Judgement.
31 March 2014 – ICJ to deliver judgement
The International Court of Justice delivers its Judgement in the case Whaling in the Antarctic (Australia v Japan: New Zealand intervening).
VERDICT: The UN's top court has ruled that Japan's whaling hunt in the Southern Ocean is not a scientific program as Tokyo has always claimed.
