As some of you may know, I’ve been following the increasingly outrageous developments in the anti-whaling lobby’s attempts to harass and disable ships of Japan’s whaler fleet operating in the Southern Ocean. Previously, we’ve seen the ominous-sounding ‘can-opener’ device exploited by activists attempting to sabotage Japanese ships at sea and there was even an incident involving acid being hurled onto the decks of a whaling vessel. The feisty ‘Sea Shepherd’ campaigners have been stepping up their tactics and deployments in the frozen seas off Antarctica for the last couple of years, but next year they may have some much better equipped allies joining them.
I speak, of course, of Australian opposition leader Kevin Rudd’s plan to deploy Royal Australian Navy warships to the Southern Ocean to protect the whales by intercepting and boarding Japanese whaling ships.
Seriously.
Mr Rudd has declared that the present government’s attempts to restrict Japanese whaling activities through diplomacy and various multilateral organisations like the IWC have not been working and that it’s time to “step it up a bit”. Yes, Kevin, an act of state piracy, and quite possibly war, on the high seas would indeed be “stepping it up a bit”.
This is by far the most ludicrous and counterproductive prescription to halt whaling in the Southern Ocean ever.
Okay, I’m no fan of Japan’s transparent attempts to dress up their commercial whaling activities as “science”. No, I’ll go further; I am offended that the Ministry of Agriculture, Forestry and Fisheries, and its mouthpiece the Centre for Cetacean Research, expects the outside world to swallow its clearly made-up drivel. That said, Mr Rudd clearly hasn’t thought through his plan or its consequences – alarming when you consider that this bloke is a former diplomat and quite possibly the next Prime Minister of Australia.
The first problem is a simple question of legality. Australia does have the sovereign right to board and detain any fishing vessels, foreign or otherwise, caught illegally operating within the 200km exclusive economic zone (EEZ) off its coast. This is a right that is regularly exercised in the north to prevent Indonesian and other poachers from commercially fishing within Australian waters but has not been used in defence of the Australian-declared whale sanctuary in the Southern Ocean which lies roughly between the Australian continent and Australia’s Antarctic territory.
That’s because Japan doesn’t recognise Australia’s claims to Antarctica, and consequently, does not recognise the claim to sovereignty over large swathes of the Southern Ocean. In fact, not many countries do. Because of this, if the matter were brought before the International Court of Justice, its finding would invariably be that the ‘whale sanctuary’ lies in international waters and that Australia has no sovereign right to interfere with or board foreign vessels. To do so would be legitimately viewed as an act of piracy.
The second problem is one that should be well understood by Mr Rudd, an apparent expert in international affairs. What would the Japanese response to such a policy be? Would they simply bow before Mr Rudd’s aggressive and warlike stance? Or would they be tempted to test Australia’s claims in the ICJ, win, cause serious embarrassment to Canberra, and continue whaling just as they had done before, maybe even “step it up a bit” and catch a few extra ‘cause they can?
Another, more frightening prospect would be a decision from Tokyo to send a Japan Maritime Self Defence Force contingent to protect the Japanese fleet. This would present the nasty possibility of the two forces facing each other down at sea with all the inherent risks of mistakes, miscalculation and escalation that brings. An unlikely scenario, to be sure, but not altogether impossible.
The third problem is that Australia’s navy is already undermanned and, while not quite overstretched, has many other commitments in addition to being on alert to respond to a real crisis in the region. Its resources are not well spent protecting animals that are not even within Australia’s internationally recognised territory from an ally with whom Canberra recently signed an historic security agreement.
This whole plan smacks of opportunistic populism in an election year with the potential to badly backfire and cause serious damage to Australia-Japan relations.
But Mr Rudd is a crafty one.
It is possible that in pledging to enforce Australian anti-whaling laws within Australia’s Southern Ocean territory, he is referring to the EEZ around tiny Macquarie and Heard Islands which are recognised as Australian. But then, virtually no whaling takes place in these areas that constitute a mere fraction of the Southern Ocean whale-hunting-ground/sanctuary. I sincerely hope that this is his real plan.