Australische premier Rudd dreigt Japan voor Internationaal Gerechtshof te slepen in walvisjacht-controverse

We'll take Japan to court: PM

20-02-2010 Peter Alford and Matthew Franklin, The Australian, Australia


KEVIN Rudd has promised to take Japan to the International Court of Justice if it doesn't agree before November to stop Antarctic whaling, but a behind-closed-doors deal with the Japanese could blow a big hole in the Prime Minister's case before then.

A proposed compromise deal in the International Whaling Commission that would allow Japan to continue its so-called scientific whaling, though on a more limited basis, could wreck Australia's core claim that the practice is illegal under international law.

A tough talking Mr Rudd yesterday demanded Japan reduce to zero its Southern Ocean scientific whaling quota. "If we don't get that as a diplomatic agreement, let me tell you, we'll be going to the International Court of Justice," the Prime Minister said.

"Secondly if we don't reach a landing point with the Japanese diplomatically, that action will occur well before the commencement of the next whaling season, which is this November, OK?"

The current International Court of Justice president is Hisashi Owada, an international law expert and father of Crown Princess Masako, wife of the heir to the Japanese throne.

Mr Owada was director-general in the treaties bureau of Japan's Ministry of Foreign Affairs when the IWC introduced its worldwide moratorium on commercial whaling in 1987 and Japan responded by starting its research whaling program in the Antarctic and north Pacfic.

Foreign Minister Katsuya Okada, who meets Mr Rudd in Sydney today for what was supposed to be a courtesy visit, said last night he wanted to know exactly what the Prime Minister meant.

"When I see the Prime Minister, I would like to ask him directly what his real intention was from his comment," Mr Okada said.

"I understand he addressed that comment with discretion making a precondition saying, `if we don't get that as discussion'. That is the basis on which we want to solve the matter so I do not see a big difference."

Opposition environment spokesman Greg Hunt scorned the Rudd ultimatum as pushing the problem beyond this year's federal election.

"This is about the same promise that Mr Rudd made before the (2007) election," Mr Hunt said. "He made the promise, he hasn't kept it."

However yesterday's pledge is more categorical than Mr Rudd gave as opposition leader and the assurances he and other ministers have given recently that they would act unless there was unspecified diplomatic "progress" by June 21, when the IWC holds its annual meeting.

Mr Rudd has been repeatedly criticised on his government's failure to put the 2007 promise into action, as he was yesterday by caller "Ray" on the Seven Network's Sunrise program; the Prime Minister responding with his commitment.

Amid widespread fury in Australia, Japanese whalers are currently operating in the Southern Ocean, including waters Australia claims as an exclusive economic zone, with a quota to kill up to 935 minke whales and up to 50 fin whales. Following a series of clashes between Sea Shepherd and the fleet, activist Peter Bethune who boarded a Japanese patrol vessel on Monday, is now being taken back to Tokyo for questioning and possible criminal charges.

(Bron: http://www.theaustralian.com.au/)