Australian prime minister Kevin Rudd to honour election pledge to try to stop Japan's annual cull of 1,000 whales

This article is more than 10 years old

This article is more than 10 years old

Japan's whaling programme faces a potentially decisive legal challenge next week, after Australia said today it would turn to the international court of justice to end Tokyo's annual whale culls in the Southern Ocean.

Australia's environment minister, Peter Garrett, said the decision proved his country's commitment to "bring to an end Japan's programme of so-called scientific whaling".

Japan kills just under 1,000 mainly minke whales in the Antarctic every year, using a provision in the 1986 moratorium on commercial whaling that allows it to conduct "lethal research" into the mammals. The meat from the hunts is sold in restaurants and supermarkets.

The Australian prime minister, Kevin Rudd, has come under pressure to honour a 2007 election pledge to ban whaling in an area the country considers a whale sanctuary. Japan does not recognise the sanctuary and insists its whaling fleet operates in international waters.

Rudd's critics had accused him of reneging on his promise for fear of angering Japan, which is Australia's second biggest export market.

The Australian foreign minister, Stephen Smith, said the International Whaling Commission's failure to find a diplomatic solution had left the government with no choice.

"The Australian government has not taken this decision lightly," he said. But recent statements by whaling countries in the commission have provided Australia with little cause for hope that our serious commitment to conservation of the world's whales will be reflected in any potential IWC compromise agreement."

Although both countries were quick to characterise the forthcoming legal battle as a dispute between friends, Japan's agriculture minister, Hirotaka Akamatsu, described the announcement as "extremely regrettable", and insisted that the scientific hunts were permitted by international law.

The announcement comes as the IWC prepares to meet in Morocco in an attempt to resolve long-standing differences between pro- and anti-whaling nations.

The body will discuss a controversial proposal that would allow Japan, Iceland and Norway to resume commercial whaling, provided they observe strict quotas that will be reduced over the next decade.

Australia has yet to reveal details of the case it plans to make in the Hague, but experts said it could argue that Japan kills far too many whales than is necessary to conduct scientific research.

It may also try to convince the court that Japan could study whales without killing them, and that the open sale of whale meat constitutes a violation of the 25-year-old ban on commercial whaling.

New Zealand, a vocal opponent of whaling, said it would continue to negotiate with Japan, but did not rule out joining Australia in court should diplomatic efforts fail.

Japan's whaling programme is coming under increased scrutiny at home with the start yesterday of the trial of Peter Bethune, a member of the Sea Shepherd marine conservation group.

Bethune, a 45-year-old New Zealander, was arrested after boarding the Shonan Maru 2 whaling ship to protest against the February sinking of the group's high-tech powerboat, the Ady Gil, following a collision with the Japanese vessel the previous month.

Yesterday Bethune pleaded guilty to four charges, including trespassing and obstruction of business, but denied the most serious charge of assault relating to clashes between the whalers and Sea Shepherd in February. He faces up to 15 years in prison if convicted.

The alleged victim of the assault, Takashi Kominami, today told the Tokyo district court how he had sustained injuries to his face from a bottle containing rancid butter that prosecutors say was thrown by Bethune.

"I heard voices saying 'Yoo-hoo!' from the [Sea Shepherd] boat. I tried to turn towards the boat but my vision became blurred, my eyes hurt and I could hardly open them," he said.

Kominami said Bethune should be "severely punished" for the alleged attack: "I am angry. But I don't think he feels any remorse at all." He admitted, however, that he had not actually seen Bethune launch the bottle that struck him.

A further hearing will be held on Monday, and a verdict is expected next month.