Activists to arrest Japanese whalers - Antarctic Whale Sanctuary

[Annces]

February 22, 2008

AUSTRALIAN activists say they will board Japanese whaling ships, destroy equipment and make citizen's arrests "fairly soon" in the latest attempt to drive the hunters out of the Antarctic. The captain of the Sea Shepherd ship Steve Irwin, which made international headlines after two crew members were detained by the Japanese last month, says he has a team of 17 specially-trained crew members - nine of them Australian - ready to put their lives on the line. Paul Watson told NEWS.com.au the group would risk being shot at to stop the killing of whales by "criminals" in the Southern Ocean Whale Sanctuary. He said the Japanese fleet was in "clear violation of an Australian (Federal) Court order prohibiting whaling operations inside the Australian Economic Exclusion Zone".

Crew members had been trained to board a whaling vessel, destroy hunting equipment and make citizen’s arrests of crew members, he said from on board the Steve Irwin. But the ANU’s Don Rothwell, an expert on international and maritime law, said anyone involved in such action would most likely be prosecuted under Commonwealth law and be regarded as pirates. Professor Rothwell said the panned “citizen’s arrests” could also be deemed as an act of terrorism under international law. Mr Watson said Australian and international laws needed to be upheld by someone. “Australia really should really be down here enforcing these laws, like they do against illegal fishing operations,” Mr Watson said. “The crew are involved in training every day - on the decks, on running the small boats, on boarding operations.”

Mr Watson said after two of his crew members were “kidnapped” by whalers last month, there were fears about how the Japanese might react to an attempted citizen’s arrest. “I guess the biggest fear is that armed… people who are with the Japanese whaling fleet might open fire on us,” he said. “But I don’t think there’s much you can be trained to defend yourself from that, other than to try to be cautious. “We have to be conscious of the fact that they may use violence.” An Australian member of the boarding group, Alex Wallman, told NEWS.com.au that he was keen to attempt to get on one of the whaling vessels, but was unsure what would happen afterwards.

“It’s all looking quite promising and everyone’s fairly excited,” Mr Wallman said. “(But) there’s always an element of fear… this is something that’s never been done before by anyone and we have no idea what is actually going to happen.” “I’m personally angry about the fact that some species of whales may become extinct.” Prof Rothwell said there was little legal defence for the Australian crew members if they did succeed in the planned action. “If Australian citizens were involved in what Mr Watson is proposing… it would most likely result in criminal prosecution,” Prof Rothwell said.

Prof Rothwell also said if a “citizen’s arrest” were to happen, it would raise diplomatic concerns between the Australian and Japanese governments. He said the Japanese Government would probably call on the Australian Government to come down hard on the Sea Shepherd crew. On January 16, Australian Benjamin Potts and British citizen Giles Lane were held in custody by Japanese whalers after they boarded a vessel to deliver a letter that said the whaling operation was illegal. The pair, who were crew members of the Steve Irwin, were released two days later.

http://www.news.com.au/heraldsun/story/0,21985,23257923-5005961,00.html

[Truth2Tell]

1. Backing up words with action.

That's why I love these guys. More power to them.

And let the flamers flame.

[MaryCeleste]

2. Does anyone know what nations flag the Sea Shepard and Steve Irwin are sailing under?

At one point they were unflagged vessels.

Professor Rothwell is right about what is being described considered piracy. The risk of someone getting seriously hurt, or getting lost at sea will also be elevated given the level of destruction they intend.

I like the sentiment, but the methods suck,

[mitchtv]

3. They have a flag of some

Native American tribe ( sovereign nation), I forget which.

[flvegan]

4. They fly under the flag of the Five Nations of the Iroquois Confederacy

granted by the Mohawks at Kahnawake, I believe.

I think the methods are great.

[Annces]

5. There are no other tactics to use

Australia could tell them to get out and they would leave peaceably, but Australia is more concerned about economic relations with Japan.

Bad publicity is the Japanese government nightmare. Also the Japanese people are learning about this because of the publicity.

[MaryCeleste]

6. If the Japanese play hard ball this time, those tactics will be the death of the protestors

Maritime Law is clear. They would be considered pirates.

[flvegan]

7. Hard ball?

The whalers run like little children when Sea Shepherd is anywhere near them.

The whalers can't afford another spectacle such as the last boarding of their ship. They looked like fools and kidnappers.

"Death of the protestors" indeed. Read up on it before convincing the world of your lack of knowledge.

[depakid]

8. It's the Japanese who are in violation of international maritime law

and from what I've looked through, Sea Shepard has a colorable claim to enforcing it.

Personally, I prefer the Rudd government's approach- to take it to court, though I doubt that the whalers would ever honor the ruling. What then?

This sort of deal is certain to be a major issue in the coming decades, as more and more fisheries are depleted past the point of recovery.

[Annces]

9. You are so clear about Maritime law

Might makes right? Let the whales be exterminated.

[MaryCeleste]

10. I am quite clear that forced boarding is considered piracy

Its not like I am pro whaling,its that I am strongly against vigilantes, which is exactly what Watson and his SSCS is. Vigilantism was not right in the American west, in New Orleans after Katrina, by the so called Minutemen today, and its not right in the Antarctic seas. He is no better than that, motives not withstanding, unless your position is that ends justifies the means, in which case you are neither liberal nor progressive.

I also have a lot of deep water experience, including Arctic/Antarctic (retired USN). The sea is very unforgiving. Doing what Watson is proposing is very dangerous for all concerned. Amateurs like him will get people killed, most likely his own. Unless in top end survival gear, if any of his boarding crew fall into the water, death will be in minutes. Life is too precious to given up like that. Its also telling to note he is sending in "volunteers" and not leading them himself.

Stopping the whaling needs to made important to Australia who can step in and solve it legally. Intervention by one of their warships is all it would take. Until then I will hope/pray for bad weather and mechanical failures to keep both sides from hurting whales and or each other.

[Annces]

11. Watson has been at the forefront

of harm's way if you read about him. He is physically confrontational. However he uses bluff to its greatest extent. Those volunteers are doing what they want to do. People volunteer for the army and get killed, what is the difference. Vigilantism. Please. If you work for the government, than whatever you do is okay?

The analogy of a small town where the sheriff and his cronies hide away while the criminals do what they want fits here. Australia should be the one policing the Sanctuary, but they are not.

This subject is very hot right now and will probably be turned in favor of the whales because of what Watson is doing. Otherwise decades could go by, with the same old, same old.

[MaryCeleste]

12. He is still a classic vigilante by any reasonable definition of the term.

If you wish to lionize him, so be it, but its a slippery slope to be sure.

I have read extensively on the SSCS and Watson previously. Self aggrandizement does not begin to cover his writings. Every year is the year that will turn the tide against the whalers according to him. Hopefully no one gets hurt or killed this year, even though his braggadocio is reaching new heights.

I still hope for bad weather so no whales or humans get killed this time around.

[kristopher]

13. This is a stupid thing to do

The Japanese are indeed worried about publicity, but they have not only the law on their side, they have domestic public sentiment on their side. Mose Japanese people could care less about whaling. The meat is reminiscent of the period of starvation and famine they faced at the end of WWII. The only people who do support the whalers are a few business interests and the ultra-nationalists that still cling to the ideology that led them into WWII.

However, they are a law abiding people who place a lot of value on acting honorably to live up to contracts. The reason the entire thing is where it is is because WE have pissed on them in the IWC. We've acted arrogantly and deceitfully. Their current whaling practices are a direct result of the bad faith manner of negotiating we've employed to try and alter the mandate of the IWC.

I've discussed this issue with hundreds of Japanese. Their reaction if this threat of piracy is carried out will be to rally behind the whalers. If the US doesn't condemn the act of piracy they will withdraw from the IWC and recommence unrestrained commercial whaling.

Is that really what you want?

There is a better way, and if anyone is interested in a real discussion of the issue just PM me.
I know such a dialogue on this topic isn't possible on the open forum.

Edited to correct an extreme run on sentence.

[RuleOfNah]

14. I want rule of law.

When law enforcement officers (or military) are unwilling to perform their sworn duty to uphold the law, or act contrary to the law, paths that lead to constructive solutions are not clear.

I'd rather discuss that instead of complaining about people trying to resolve chronic problems.

[MaryCeleste]

15. Watson and SSCS are vigilantes, not the rule of law, nor a constructive solution

There is no enforcement mechanism for the IWC to fall back on. Its decisions are not binding on non members so if the whaling nations walk out, then there is not even a structure forum for agreement or discussion. The UN resolutions are not law either. You did know that the Norwegians are also hunting and killing whales?

The new administration in Australia sent a ship this year to observe, a major change in policy. I hope that this is the beginning of them stepping up to plate. However it should be pointed out that their maritime resources zone is not uniformly recognized. Nonetheless all it would take would be an Australian destroyer or frigate to intervene and the whaling season would be closed there for good. However, it is Australia's sovereign decision whether to intervene or not. Like in the US, courts can not compel foreign policy which is what this is and the jurisdictional issue is a serious one.

I don't support whaling, but I can not support Watson and his gang. IMO the Japanese are putting up more of a fight this year and Watson is also ratcheting things up. That does not bode well for his "volunteers". The Antarctic Seas are no place for illegal boarding. The risks are too high and price will be lives lost.

No constructive solution comes from vigilantism.

[RuleOfNah]

16. I agree that vigilantism is bad.

We probably differ on the definition of who, and rule.

Nonetheless all it would take would be an Australian destroyer or frigate to intervene and the whaling season would be closed there for good.

I do not share your trust. For any countries in question, at any risk. I hear rumors that Putin has recently been sending bombers uncomfortably close to USN aircraft carriers.

I'm too jaded to hope for nations of law.

[MaryCeleste]

18. The stuff about Russian bomber was not a rumor

they did it all the time during the cold war. The CNO et al brushed it off.

[TheMightyFavog]

17. And if Sea Shepherd does carry out thier attacks, and if the Japanese people do rally...

I wouldn't put it past the Japanese government to start having the Maritime Self-Defense Force Send one of their Destroyers or Submarines, (or at the very least station JMSDF personnel equipped with small arms on the whaling ships) to escort the whaling fleet next season.

If that happens, Seas Shepherd is royally screwed.

[go west young man]

19. The Japanese people won't rally behind this cause.

I refer you to this Ipsos poll from 2 years ago. http://www.ipsos-mori.com/polls/1999/whaling.shtml
The whale meat which is now sitting frozen and unsold from previous hunts was mainly sold to schools. From what I've read the youth of Japan don't like the stuff and I don't think they give a damn about the issue. They are not the stubborn WW2 generation someone else above referred to. So why would they rally around the cause? It's more likely they would support the Australian whale tourist industry by going to Australia and photographing the Humpbacks.

[kristopher]

21. Why would they rally round the cause?

That poll does not contradict what I wrote earlier. Let me expand. While they care noting for the meat, they do care about the manner they have been dealt with in the IWC. There was an agreement to get together and manage the whale population as a resource. That is what the Japanese agreed to. The US, led by a shift in domestic public sentiment regarding the place of whales in the food chain, set out to halt whaling instead of just managing it.

To that end our representatives have used every dirty trick in the book, extortion, bribery, lies, and outright bullying. Every year the Japanese are treated to a full round of front page coverage of how the ARROGANT AMERICANS are at it again. So. even though the young people care nothing for the meat, and even though the older people do not remember it fondly because of the association with starvation (barley has the same effect) they none the less have a nationalistic stake in the practice.

Here is what I wrote above:
The Japanese are indeed worried about publicity, but they have not only the law on their side, they have domestic public sentiment on their side. Mose Japanese people could care less about whaling. The meat is reminiscent of the period of starvation and famine they faced at the end of WWII. The only people who do support the whalers are a few business interests and the ultra-nationalists that still cling to the ideology that led them into WWII.

However, they are a law abiding people who place a lot of value on acting honorably to live up to contracts. The reason the entire thing is where it is is because WE have pissed on them in the IWC. We've acted arrogantly and deceitfully. Their current whaling practices are a direct result of the bad faith manner of negotiating we've employed to try and alter the mandate of the IWC.

I've discussed this issue with hundreds of Japanese. Their reaction if this threat of piracy is carried out will be to rally behind the whalers. If the US doesn't condemn the act of piracy they will withdraw from the IWC and recommence unrestrained commercial whaling.

Is that really what you want?

There is a better way, and if anyone is interested in a real discussion of the issue just PM me.
I know such a dialogue on this topic isn't possible on the open forum.

[gristd2]

20. Power to the aussies

This is actually the first i heard about this issue (which is surprising since I frequent animal related political websites), but after reading it I'm shocked at how much of a fight there is against the Australians in this situation. People tend to put animals on a much lower level than humans, which is the first and biggest problem. In America we have similar circumstances. While it isn't as blatant as hunters trying to catch whales, it's a little more predominant.

How many times have you seen a stray roaming your streets? dodging the 70MPH cars and having absolutely no access to catchable food. They're animals, and we're manipulating their situation. We allow them to overproduce, would rather buy from breeders instead of orphanages, and therefore put down a certain number of pets that could have been avoided by simply spaying or neutering your pet.

it's realy quite *beep* up, and I'm glad PETA is trying to do something about it with this. Their new campaign to end animal homelessness (http://getactive.peta.org/campaign/end_animal_homelessness?qp_source=abcpsas) is one of the most significant issues i've been exposed to lately. The media rat race for presidency has blinded the general public of what's actually going on, as is expected