ICJ Hears Case of Whaling in Antarctic: Australia vs. Japan

View of the courtroom of the International Court of Justice at the opening of the hearings. 26 June 2013 The Hague, NetherlandsThe International Court of Justice (ICJ), the principal judicial organ of the United Nations, started its hearings in the case concerning Whaling in the Antarctic (Australia vs. Japan; New Zealand intervening). The ICJ started by first hearing the arguments of Australia. These hearings will continue until 16 July 2013. ICJ judgements are final and binding upon the Parties. Recent statistics show that these judgements are usually expected within a four to six months period.

UpdateICJ to begin its deliberation on Whaling in the Antarctic case (Australia v. Japan: New Zealand intervening)

Background
On 31 May 2010, Australia instituted proceedings 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 (‘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 preservation of marine mammals and the marine environment”. At the end of its application, Australia requests the ICJ 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 will not take any further action under the JARPA II 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 ICJ, Australia invokes Article 36(2), of the ICJ Statute, referring to the declarations recognizing the ICJ’s jurisdiction as compulsory made by Australia in 2002 and by Japan in 2007.

By an Order of 2010, the Court fixed 9 May 2011 as the time­limit for the filing of a memorial by Australia and 9 March 2012 as the time­limit for the filing of a counter­memorial by Japan. Those written pleadings were filed within the time-limit thus fixed. In November 2012, New Zealand filed a Declaration of Intervention in the case. By an Order of 6 February 2013, the ICJ authorized New Zealand to intervene and fixed 4 April 2013 as the time-limit for the filing of written observations by New Zealand. The ICJ also authorized the filing by Australia and Japan of written observations on these written observations of New Zealand and fixed 31 May 2013 as the time­limit for such filing. Those observations were filed within the time-limit thus fixed. Pursuant to ICJ Rules, those written pleadings were made available here on the ICJ website on the opening of the hearings.

Excerpt from the verbatim record of the public sitting held on Wednesday 26 June 2013, at 10:00, at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening)

On 31 May 2010, Australia filed in the Registry of the Court an Application instituting proceedings against Japan in respect of a dispute concerning 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 . . . , in breach of obligations assumed by Japan under the International Convention for the Regulation of Whaling . . . , as well as its other international obligations for the preservation of marine mammals and the marine environment”.

Judges of the International Court of Justice at the opening of the hearings. 26 June 2013 The Hague, Netherlands

In its Application, Australia invoked as the basis for the jurisdiction of the Court the declarations made, pursuant to Article 36, paragraph 2, of the Statute, by Australia on 22 March 2002 and by Japan on 9 July 2007.

By an Order of 13 July 2010, the Court fixed 9 May 2011 and 9 March 2012 as the respective time-limits for the filing of the Memorial of Australia and the Counter -Memorial of Japan; those pleadings were duly filed within the time-limits thus prescribed.

Members of the delegation of Australia at the opening of the hearings. 26 June 2013 The Hague, Netherlands

The Parties not being in agreement on whether further written pleadings should be submitted, the Court examined the issue, in accordance with Article 45, paragraph 2, of the Rules of Court, and decided that a second round of written pleadings was not necessary. The Registrar informed the Parties of this decision by letters dated 2 May 2012.

On 19 September 2012, the Government of New Zealand, referring to Article 53, paragraph 1, of the Rules of Court, asked to be furnished with copies of the pleadings and documents annexed in the case. Having ascertained the views of the Parties pursuant to that same provision, the Court decided to grant this request. The documents in question were duly transmitted to New Zealand.

On 20 November 2012, New Zealand, pursuant to Article 63, paragraph 2, of the Statute, filed in the Registry of the Court a Declaration of Intervention in the case. In this Declaration, New Zealand stated that it “avail[ed] itself of the right . . . to intervene as non-party in the proceedings brought by Australia against Japan in this case”.

Members of the delegation of Japan at the opening of the hearings. 26 June 2013 The Hague, Netherlands

By an Order of 6 February 2013, the Court decided that the Declaration of Intervention filed by New Zealand, pursuant to Article 63, paragraph 2, of the Statute, was admissible. The Court also fixed 4 April 2013 as the time-limit for the filing by New Zealand of the written observations referred to in Article 86, paragraph 1, of the Rules of Court; moreover, it authorized the filing by

Australia and Japan of written observations on those submitted by New Zealand, and fixed 31 May 2013 as the time-limit for such filing.The written observations of New Zealand and the written observations of Japan on those written observations of New Zealand were duly filed within the time-limits so fixed. By a letter dated 31 May 2013, the Agent of Australia indicated that his Government would not submit observations, but that it “reserve[d] its right to address certain points raised in the written observations of New Zealand in the course of oral argument”.

Both of the Parties decided to call experts. By letters dated 15 April 2013, the Parties communicated the full texts of the statements to be given by the experts at the hearing. These texts were exchanged between the Parties and transmitted to New Zealand.

By letters dated 23 April 2013, the Registrar informed the Parties that the Court had decided that they could submit written statements in response to the statement submitted by each of the other Party’s experts, and had fixed 31 May 2013 as the time-limit for such submissions. Within the time-limit thus fixed, Australia and Japan both submitted certain written statements.

Having ascertained the views of the Parties, the Court decided, pursuant to Article 53, paragraph 2, of its Rules, that copies of the pleadings and the documents annexed would be made accessible to the public on the opening of the oral proceedings. After consulting the Parties and New Zealand, the Court decided that the same should apply to the written observations of the intervening State and of the Parties on the subject-matter of the intervention. In accordance with the Court’s practice, these pleadings with their annexes will be put on the Court’s website from today.

Members of the delegation of New Zealand at the opening of the hearings. 26 June 2013 The Hague, Netherlands

I note the presence at the hearing of the Agents, counsel and advocates of both Parties and of New Zealand. In accordance with the arrangements on the organization of the procedure which have been decided by the Court, the hearings will comprise a first and a second round of oral argument by the Parties and a single round of oral observations by New Zealand with respect to the subject-matter of the intervention. Australia will present its first round of oral argument today, tomorrow and Friday morning. Japan will do so next Tuesday afternoon, as well as on Wednesday and Thursday. New Zealand will take the floor after the first round of oral argument by the Parties, on Monday 8 July, between 10 and 11.30 a.m., to give its oral observations on the subject-matter of its intervention.

The Parties will then present their second round of oral argument, with Australia addressing the Court on Tuesday 9 July from 4.30 to 6 p.m. and for the entire day on Wednesday 10 July. Japan will present its second round of oral argument the whole day on Monday 15 July, as well as Tuesday 16 July from 10 to 11.30 a.m.

Source

Latest oral proceedings

  • CR 2013/7 - Public sitting held on Wednesday 26 June 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 506.7 Kb Translation  PDF 449.1 Kb
  • CR 2013/8 - Public sitting held on Wednesday 26 June 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 528.9 Kb Translation  PDF 565.8 Kb
  • CR 2013/9 - Public sitting held on Thursday 27 June 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 486.9 Kb Translation  PDF 488 Kb
  • CR 2013/10 - Public sitting held on Thursday 27 June 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 406.6 Kb
  • CR 2013/11 -Public sitting held on Friday 28 June 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 565.7 Kb
  • CR 2013/12 - Public sitting held on Tuesday 2 July 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 621.9 Kb
  • CR 2013/13 - Public sitting held on Wednesday 3 July 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 583.7 Kb
  • CR 2013/14 - Public sitting held on Wednesday 3 July 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 485.9 Kb
  • CR 2013/15 - Public sitting held on Thursday 4 July 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 547 Kb
  • CR 2013/16 - Public sitting held on Thursday 4 July 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 554.3 Kb
  • CR 2013/17 - Public sitting held on Monday 8 July 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 420.4 Kb
  • CR 2013/18 - Public sitting held on Tuesday 9 July 2013, at 4.30 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 434.9 Kb
  • CR 2013/19 - Public sitting held on Wednesday 10 July 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 537.7 Kb
  • CR 2013/20 - Public sitting held on Wednesday 10 July 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 393.4 Kb
  • CR 2013/21 - Public sitting held on Monday 15 July 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) Original  PDF 520.4 Kb

Watch video of court proceedings:

Part 1/2 – ICJ hears Australia v. Japan Case (26/06/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (26/06/2013)

Part 1/2 – ICJ hears Australia v. Japan Case (27/06/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (27/06/2013)

Part 1/1 – ICJ hears Australia v. Japan Case (02/07/2013)

Part 1/2 – ICJ hears Australia v. Japan Case (03/07/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (03/07/2013)

Part 1/2 – ICJ hears Australia v. Japan Case (04/07/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (04/07/2013)

Part 1/1 – ICJ hears Australia v. Japan Case (08/07/2013)

Part 1/1 - ICJ hears Australia v. Japan Case (09/07/2013)

Part 1/2 – ICJ hears Australia v. Japan Case (10/07/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (10/07/2013)

Part 1/2 – ICJ hears Australia v. Japan Case (15/07/2013)
Part 2/2 – ICJ hears Australia v. Japan Case (15/07/2013)

Latest developments in the case

  • 12/06/2013 - Press Release 2013/14 – Public hearings in the case concerning Public admission and media accreditation – Live and on-demand webcasts  PDF 62.3 Kb
  • 11/04/2013 - Press Release 2013/7 – Whaling in the Antarctic (Australia v. Japan : New Zealand intervening ) – The Court to hold public hearings from Wednesday 26 June to Tuesday 16 July 2013  PDF 119.8 Kb
  • 13/02/2013 - Press Release 2013/2 – Whaling in the Antarctic (Australia v. Japan) – The Court authorizes New Zealand to intervene in the proceedings  PDF 121.6 Kb
  • 06/02/2013 - Order – Declaration of Intervention by New Zealand   PDF 53.6 Kb
  • 22/11/2012 - Press Release 2012/34 – Whaling in the Antarctic (Australia v. Japan) – New Zealand files a declaration of intervention in the proceedings under Article 63 of the Statute  PDF 71.9 Kb
  • 18/05/2012 - Press Release 2012/18 – Whaling in the Antarctic (Australia v. Japan) – Closure of written proceedings  PDF 81.8 Kb
  • 20/07/2010 - Press Release 2010/23 – Whaling in the Antarctic (Australia v. Japan) – Fixing of time-limits for the filing of the initial pleadings  PDF61.8 Kb
  • 13/07/2010 - Order – Fixing of time-limits for the filing of the initial pleadings   PDF 193 Kb
  • 01/06/2010 - Press Release 2010/16 – Australia institutes proceedings against Japan for alleged breach of international obligations concerning whaling  PDF 68.3 Kb

President: Tomka
Vice-President: Sepúlveda-Amor
Judges:
Owada
Abraham
Keith
Bennouna
Skotnikov
Cançado Trindade
Yusuf
Greenwood
Xue
Donoghue
Gaja
Sebutinde
Bhandari
Judge ad hoc: Charlesworth
Registrar: Couvreur

The Government of Australia is represented by:
The Honourable Mark Dreyfus Q.C., M.P., Attorney-General of Australia, as Counsel and Advocate;
Mr. Bill Campbell, Q.C., General Counsel (International Law), Attorney-General’s Department,as Agent, Counsel and Advocate;
H.E. Mr. Neil Mules, A.O., Ambassador of Australia to the Kingdom of the Netherlands, as Co-Agent;
Mr. Justin Gleeson, S.C., Solicitor-General of Australia,
Mr. James Crawford, A.C., S.C., F.B.A., Whewell Professor of International Law, University of Cambridge, member of the Institut de droit international, Barrister, Matrix Chambers, London,
Mr. Henry Burmester, A.O., Q.C., Special Counsel, Australian Government Solicitor,
Mr. Philippe Sands, Q.C., Professor of Law, University College London, Barrister, Matrix Chambers, London,
Ms Laurence Boisson de Chazournes, Professor of International Law at the University of Geneva, as Counsel and Advocates;
Ms Kate Cook, Barrister, Matrix Chambers, London,
Dr. Makane Mbengue, Associate Professor, University of Geneva, as Counsel;
Ms Anne Sheehan, Acting Assistant-Secretary, Attorney-General’s Department,
Mr. Michael Johnson, Principal Legal Officer, Attorney-General’s Department,
Ms Danielle Forrester, Principal Legal Officer, Attorney-General’s Department,
Ms Stephanie Ierino, Acting Principal Legal Officer, Attorney-General’s Department,
Ms Clare Gregory, Senior Legal Officer, Attorney-General’s Department,
Ms Nicole Lyas, Acting Senior Legal Officer, Attorney-General’s Department,
Ms Erin Maher, Legal Officer, Attorney-General’s Department,
Mr. Richard Rowe, Senior Legal Adviser, Department of Foreign Affairs and Trade,
Dr. Greg French, Assistant Secretary, Department of Foreign Affairs and Trade,
Mr. Jamie Cooper, Legal Officer, Department of Foreign Affairs and Trade,
Ms Donna Petrachenko, First Assistant Secretary, Department of Sustainability, Environment, Water, Population and Communities,
Mr. Peter Komidar, Director, Department of Sustainability, Environment, Water, Population and Communities,
Dr. Bill de la Mare, Scientist, Australian Antarctic Division, Department of Sustainability, Environment, Water, Population and Communities,
Dr. David Blumenthal, Senior Adviser, Office of the Attorney-General,
Ms. Giulia Baggio, First Secretary, Senior Adviser, Office of the Attorney-General,
Mr. Todd Quinn, First Secretary, Embassy of Australia in the Kingdom of the Netherlands, as Advisers;
Ms Mandy Williams, Administration Officer, Attorney-General’s Department, as Assistant.

The Government of Japan is represented by:
Mr. Koji Tsuruoka, Deputy Minister for Foreign Affairs, as Agent;
H.E. Mr. Yasumasa Nagamine, Ambassador Extraordinary and Plenipotentiary of Japan to the Kingdom of the Netherlands, as Co-Agent;
Mr. Alain Pellet, Professor at the University of Paris Ouest, Nanterre-La Défense, President of the Société française pour le droit international, associate member of the Institut de roit international,
Mr. Vaughan Lowe, Q.C., member of the English Bar, Emeritus Professor of International Law, Oxford University, associate member of the Institut de droit international,
Mr. Alan Boyle, Professor of International Law at the University of Edinburgh, member of the English Bar,
Mr. Yuji Iwasawa, Professor of International Law at the University of Tokyo, member and former Chairperson of the Human Rights Committee,
Mr. Payam Akhavan, LL.M., S.J.D. (Harvard), Professor of International Law, McGill University, member of the Bar of New York and the Law Society of Upper Canada,
Mr. Shotaro Hamamoto, Professor of International Law, Kyoto University,
Ms Yukiko Takashiba, Deputy Director, ICJ Whaling Case Division, Ministry of Foreign Affairs, as Counsel and Advocates;
Mr. Takane Sugihara, Emeritus Professor of International Law, Kyoto University,
Ms Atsuko Kanehara, Professor of International Law, Sophia University (Tokyo),
Mr. Masafumi Ishii, Director-General, International Legal Affairs Bureau, Ministry of Foreign Affairs,
Ms Alina Miron, Researcher, Centre de droit international de Nanterre (CEDIN), University of Paris Ouest, Nanterre-La Défense, as Counsel;
Mr. Kenji Kagawa, Director-General, Resources Enhancement Promotion Department, Fisheries Agency,
Mr. Noriyuki Shikata, Minister, Embassy of Japan in the United Kingdom of Great Britain and Northern Ireland,
Mr. Kenichi Kobayashi, Director, International Legal Affairs Division, Ministry of Foreign Affairs,
Mr. Joji Morishita, Director-General, National Research Institute of Far Seas Fisheries,
Mr. Akima Umezawa, Ph.D., Director, Fishery Division, Ministry of Foreign Affairs,
Ms Yoko Yanagisawa, Director, ICJ Whaling Case Division, Ministry of Foreign Affairs,
Mr. Naohisa Shibuya, Deputy Director, ICJ Whaling Case Division, Ministry of Foreign Affairs,
Mr. Ken Sakaguchi, ICJ Whaling Case Division, Ministry of Foreign Affairs,
Ms Akiko Muramoto, ICJ Whaling Case Division, Ministry of Foreign Affairs,
Mr. Masahiro Kato, ICJ Whaling Case Division, Ministry of Foreign Affairs,
Mr. Takaaki Sakamoto, Assistant Director, International Affairs Division, Fisheries Agency,
Mr. Shigeki Takaya, Assistant Director, Fisheries Management Improvement Division, Fisheries Agency,
Mr. Toshinori Uoya, Assistant Director, Fisheries Management Division, Fisheries Agency,
Mr. Shinji Hiruma, Assistant Director, International Management Division, Fisheries Agency,
Mr. Sadaharu Kodama, Legal Adviser, Embassy of Japan in the Kingdom of the Netherlands,
Mr. Nobuyuki Murai, LL.D., First Secretary, Embassy of Japan in the Kingdom of the Netherlands
Ms Risa Saijo, LL.M., Researcher, Embassy of Japan in the Kingdom of the Netherlands,
Ms Héloïse Bajer-Pellet, member of the Paris Bar,as Advisers;
Mr. Douglas Butterworth , Emeritus Professor, University of Cape Town,
Ms Judith E. Zeh, Ph.D., Researcher Professor Emeritus, University of Washington,
Mr. Dan Goodman, National Research Institute of Far Seas Fisheries,
Mr. Luis Alberto Pastene Perez, Ph.D., Director, Survey and Research Division, Institute of Cetacean Research, as Scientific Advisers and Experts;
Mr. Martin Pratt, Professor, Department of Geography, Durham University, as Expert Adviser;
Mr. James Harrison, Ph.D., Lecturer in International Law, University of Edinburgh,
Ms Amy Sander, member of the English Bar,
Mr. Jay Butler, Visiting Associate Professor of Law, George Washington University Law School,
member of the New York Bar, as Legal Advisers.

The Government of New Zealand is represented by:
The Honourable Christopher Finlayson Q.C., M.P., Attorney-General of New Zealand, as Counsel and Advocate;
Dr. Penelope Ridings, International Legal Adviser, Ministry of Foreign Affairs and Trade, as Agent, Counsel and Advocate;
H.E. Mr. George Troup, Ambassador of New Zealand to the Kingdom of the Netherlands, as Co-Agent;
Ms Cheryl Gwyn, Deputy Solicitor-General, Crown Law Office,
Ms Elana Geddis, Barrister, Harbour Chambers, Wellington, as Counsel;
Mr. Andrew Williams, Legal Adviser, Ministry of Foreign Affairs and Trade,
Mr. James Christmas, Private Secretary, Attorney-General’s Office,
Mr. James Walker, Deputy Head of Mission, Embassy of New Zealand in the Kingdom of the Netherlands,
Mr. Paul Vinkenvleugel, Policy Adviser, Embassy of New Zealand in the Kingdom of the Netherlands, as Advisers.