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STORY: ICJ / WHALES
TRT: 1.56
SOURCE: ICC
RESTRICTIONS:
LANGUAGE: ENGLISH / NATS
DATELINE: 31 MARCH 2014, THE HAGUE, NETHERLANDS
1. Wide shot, judges enter the Court
2. Wide shot, audience sits down
3. SOUNDBITE (English) Peter Tomka, Presiding Judge of the International Court of Justice (ICJ):
"The Court observes that JARPA II is an ongoing programme. Under these circumstances, measures that go beyond declaratory relief are warranted. The Court therefore will order that Japan shall revoke any extant authorization, permit or licence to kill, take or treat whales in relation to JARPA II, and refrain from granting any further permits under Article VIII, paragraph 1, of the Convention, in pursuance of that programme."
4. Close up, Japan country nameplate
5. SOUNDBITE (English) Peter Tomka, Presiding Judge of the International Court of Justice (ICJ):
“The Court also notes Japan's contention that it can rely on non lethal methods to study humpback and fin whales to construct an ecosystem model. If this JARPA II research objective can be achieved through non-lethal methods, it suggests that there is no strict scientific necessity to use lethal methods in respect of this objective."
6. Med shot, Japan delegation
7. SOUNDBITE (English) Peter Tomka, Presiding Judge of the International Court of Justice (ICJ):
“In light of the fact that JARPA II has been going on since 2005 and has involved the killing of about 3,600 minke whales, the scientific output to date appears limited."
8. Med shot, audience
9. SOUNDBITE (English) Peter Tomka, Presiding Judge of the International Court of Justice (ICJ):
“The Court concludes that the special permits granted by Japan for the killing, taking and treating of whales in connection with JARPA II are not "for purposes of scientific research" pursuant to Article VIII, paragraph 1, of the Convention."
10. Wide shot, audience
The United Nations International Court of Justice (ICJ) today (31 March) ruled against Japan in a case involving charges by Australia that the country was using a scientific research programme to mask a commercial whaling venture in the Antarctic.
The Hague-based UN judicial arm ordered a temporary halt to the activities, largely involving fin, humpback and minke whales, finding that the Japanese Whaling Research Programme under Special Permit in the Antarctic (JARPA II) was not in accordance with three provisions of the Schedule to the International Convention for the Regulation of Whaling (ICRW).
Reading the ruling, Peter Tomka, Presiding Judge of ICJ, said the Court “will order that Japan shall revoke any extant authorization, permit or licence to kill, take or treat whales in relation to JARPA II, and refrain from granting any further permits under Article VIII, paragraph 1, of the Convention, in pursuance of that programme."
In May 2010, Australia instituted proceedings alleging that Japan was pursuing a large-scale programme of whaling under JARPA II, and was in breach of its ICRW obligations, as well as its other international obligations for the preservation of marine mammals and the marine environment.
Japan had rejected these charges and countered that its scientific research programme was in line with treaty obligations.
Tomka said there was “no strict scientific necessity to use lethal methods” to conduct such research and also pointed out that “in light of the fact that JARPA II has been going on since 2005 and has involved the killing of about 3,600 minke whales, the scientific output to date appears limited."
The Court concluded that the special permits granted by Japan for the killing, taking and treating of whales in connection with JARPA II are not "for purposes of scientific research" pursuant to Article VIII, paragraph 1, of the Convention.
Judgments handed down by the ICJ are final and binding on the parties.
