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

The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today started its hearings in the case concerning Whaling in the Antarctic (Australia vs. Japan; New Zealand intervening). The ICJ today heard the first arguments of Australia. These hearings will continue until 16 July 2013. ICJ judgments are final and binding upon the parties. Recent statistics show that these judgments are usually expected within a four to six months period.  Members of the delegation of Australia at the opening of the hearings. 26 June 2013 The Hague, NetherlandsThe public hearings in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) were concluded on Tuesday, 16 July. The Court will now begin its deliberation. During the hearings, which opened on 26 June 2013 at the Peace Palace, seat of the Court, the delegation of Australia was led by Mr. Bill Campbell, Q.C., General Counsel (International Law), Attorney-General’s Department, as Agent; the delegation of Japan was led by Mr. Koji Tsuruoka, Deputy Minister for Foreign Affairs, as Agent; and the delegation of New Zealand was led by Dr. Penelope Ridings, International Legal Adviser, Ministry of Foreign Affairs and Trade, as Agent. The Court’s Judgment will be rendered at a public sitting, the date of which will be announced in due course.

Final submissions of the Parties
At the end of the oral proceedings, the Parties presented the following final submissions to the Court:

For Australia:
1. Australia requests the Court to adjudge and declare that the Court has jurisdiction to hear the claims presented by Australia.

2. Australia requests the Court to adjudge and declare that Japan is in breach of its international obligations in authorizing and implementing the Japanese Whale Research Program under Special Permit in the Antarctic Phase II (JARPA II) in the Southern Ocean.

3. In particular, the Court is requested to adjudge and declare that, by its conduct, Japan has violated its international obligations pursuant to the International Convention for the Regulation of Whaling to:

(a) observe the zero catch limit in relation to the killing of whales for commercial purposes in paragraph 10 (e) of the Schedule;

(b) refrain from undertaking commercial whaling of fin whales in the Southern Ocean Sanctuary in paragraph 7 (b) of the Schedule;

(c) observe the moratorium on taking, killing or treating of whales, except minke whales, by factory ships or whale catchers attached to factory ships in paragraph 10 (d) of the Schedule; and

(d) comply with the requirements of paragraph 30 of the Schedule.

4. Further, the Court is requested to adjudge and declare that JARPA II is not a program for purposes of scientific research within the meaning of Article VIII of the International Convention for the Regulation of Whaling.

5. Further, the Court is requested to adjudge and declare that Japan shall:

(a) refrain from authorizing or implementing any special permit whaling which is not for purposes of scientific research within the meaning of Article VIII;

(b) cease with immediate effect the implementation of JARPA II; and

(c) revoke any authorization, permit or licence that allows the implementation of JARPA II.”

For Japan:
“Japan requests that the Court adjudge and declare:

(1) that it lacks jurisdiction over the claims brought against Japan by Australia, referred to it by the Application of Australia of 31 May 2010; and that, consequently, the Application of New Zealand for permission to intervene in the proceedings instituted by Australia against Japan lapses;

(2) in the alternative, that the claims of Australia are rejected.”

Intervention of New Zealand
It is recalled that on Tuesday 20 November 2012 New Zealand filed in the Registry of the Court a Declaration of Intervention in the present case.

By an Order dated 6 February 2013, the Court granted New Zealand permission to intervene as a non-party (see Press Release No. 2013/2 of 13 February 2013). New Zealand presented its oral observations to the Court on Monday 8 July 2013.

Internal Judicial Practice of the Court with respect to deliberations Deliberations take place in private in accordance with the following procedure: the Court first holds a preliminary discussion, during which the President outlines the issues which require discussion and decision by the Court. Each judge then prepares a written Note setting out his or her views on the case. Each Note is distributed to the other judges. A full deliberation is then held, at the end of which, on the basis of the views expressed, a drafting committee is chosen by secret ballot. That committee consists in principle of two judges holding the majority view of the Court, together with the President, unless it appears that his views are in the minority. The committee prepares a draft text, which is first the subject of written amendments and then goes through two readings. In the meantime, judges who wish to do so may prepare a declaration, a separate opinion or a dissenting opinion. The final vote is taken after adoption of the final text of the Judgment at the second reading.

Note: The Court’s press releases do not constitute official documents. The complete verbatim records of the hearings held from 26 June to 16 July 2013 are published on the website of
the Court (www.icj-cij.org) alternatively see the links below.

Source

List of the court’s 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
  • CR 2013/23 – Public sitting held on Tuesday 16 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 344.1 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)

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 being 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 being 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 being 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.

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