Aussie judge chosen for Australia v Japan case

By EMMA BOURKE
AN AUSTRALIAN judge appointed to the International Court of Justice says she is excited and a little daunted by being involved in the test case against Japanese whaling in the Southern Ocean.

The Attorney-General, Robert McClelland, and Minister for Foreign Affairs, Kevin Rudd, announced last month (25/3/2011) that Professor Hilary Charlesworth had been appointed to the court as as judge ad hoc. She joins a panel of 15 permanent international judges including a Japanese representative.

The case will review Japan’s alleged breach of the International Convention for the Regulation of Whaling (ICRW) schedule which strictly forbids whaling for commercial purposes, which was put in place to improve the conservation of whales in the Southern Ocean. The case was initially challenged in May 2010 by previous environment minster Peter Garrett.

Mr McClelland said in a joint press release with Mr Rudd that “under the statute of the ourt, judges are to be persons of high moral character with qualifications, including recognised competence in international law. Professor Charlesworth undoubtedly fills these criteria.”

Mr Rudd agreed, saying, “Professor Charlesworth’s experience and expertise in international law make her an outstanding candidate for Australia’s nomination as a Judge ad hoc in this case.”

As well as having an extensive background in the study of international law and human rights, Professor Charlesworth is currently the director of the Centre for International Governance and Justice at the Australian National University.

Professor Charlesworth told NowUC she understood the difficulty of the task ahead and felt “incredibly honoured” to be nominated. She said she was “excited by the possibility of really getting a chance to look at the way the international court works.

“I also feel a little daunted to be quite honest. It’s quite a big task; I obviously have never been a judge before…This is quite a big change of pace for me because I have been an academic most of my professional life and but it’s something which I feel will be an opportunity to learn a great deal and hopefully then that will be reflected in my teaching and my research afterwards”

Australia has been scheduled to address the International Court of Justice on May 9 this year, but Japan will not have to produce its counter-memorial until March 9,2012.

Australia’s last appearance in the International Court of Justice was during the East Timor case in 1991. This will be the first case Australia has lodged with the International Court of Justice since the Nuclear Test case in 1973.