Nottingham Trent University

08/22/2024 | Press release | Distributed by Public on 08/22/2024 23:57

Expert blog: Anti-whaling activist’s arrest demonstrates state failures

Paul Watson, captain of the Sea Shepherd, was arrested on outstanding charges relating to his fight against whaling

In July, Captain Paul Watson Foundation's flagship vessel, the John Paul DeJoria, docked in Nuuk, Greenland, for refuelling on its way to intercept Japan's newly built whaling ship, the Kangei Maru. The mission, dubbed Operation Kangei Maru, took an unexpected turn when Danish police and SWAT teams boarded the ship and arrested Paul Watson.

The arrest was initially attributed to Watson's opposition to the Feroese Grindadráp, but it soon emerged that the real reason was an outstanding Japanese arrest warrant related to his decades-long fight against Japan's illegal whaling.

Japan had issued an Interpol Red Notice in 2012, forcing Watson to avoid countries with extradition agreements. Believing the notice had been lifted, Watson rejoined his crew, only to discover that it had been reclassified as confidential. As of this writing, Watson remains in custody in Nuuk, awaiting a decision from the Danish Ministry of Justice on his potential extradition to Japan, where he could face life in prison.

Watson's whale wars (2005-2017) and how we got here

Paul Watson's confrontations with Japan date back to 2005 when he led Sea Shepherd in launching a campaign against Japan's JARPA II programme. Japan used the pretext of scientific research to continue whaling, despite a 1982 international moratorium on commercial whaling.

Sea Shepherd activists, under Watson's leadership, launched in total 12 anti-whaling missions to the Southern Ocean between 2005 and 2017, where they used direct-action tactics like throwing foul-smelling substances on whaling ships and attempting to disable their propellers.

These confrontations, though often dangerous, mostly caused minor damage to whaling vessels. The International Court of Justice ultimately ruled in 2014 that Japan's whaling was illegal.

Watson's approach is often described as "direct enforcement " rather than traditional activism. Unlike other environmental groups focused on raising awareness, Sea Shepherd, under Watson's leadership, aimed to enforce international environmental laws directly.

Watson believed that if governments failed to uphold these laws, it was Sea Shepherd's responsibility to intervene. This approach positioned Sea Shepherd as a de facto law enforcement entity, taking on the role of enforcing environmental regulations when States failed to act.

State negligence and Watson's legacy

Critics argue that Watson's aggressive tactics sometimes disregarded cultural and religious practices and led to counter productive outcomes. However, his lifetime of dedication has undeniably contributed to protecting marine species. The broader point Watson's arrest highlights is the failure of States to honour their environmental obligations, leaving individuals like Watson to take extreme measures.

Without Sea Shepherd, Japan might have continued whaling with impunity, and other harmful practices against marine life might have gone unchallenged. While it is complicated to establish definitive causation, Sea Shepherd's efforts have undoubtedly played a role in challenging these practices.

If States had fulfilled their international obligations, the need for Sea Shepherd's interventions might have been significantly reduced, and, given their intervention philosophy, they wouldn't have intervened.

Watson's arrest also highlights the increasing criminalisation of environmental activism worldwide. Between 2012 and 2022, over 1,900 environmental defenders were murdered, a testament to the dangers activists face.

Governments and corporations often use violence and intimidation to silence opposition, with environmental defenders frequently being labelled as "terrorists" or "pirates" for their actions. This troubling trend suggests a global move to suppress environmental activism, contrary to international legal principles.

A symbol of global environmental struggles

Watson's arrest appears intended not just to pursue old grievances but to send a message to radical environmentalists globally. Japan's timing-coinciding with the construction of a new factory whaling ship-suggests a politically motivated action rather than a genuine pursuit of justice.

Denmark's involvement in arresting Watson, especially given the lack of similar actions against Sea Shepherd in previous years, further indicates political motivations behind the arrest.

As Watson's future hangs in the balance, his case becomes emblematic of the broader fight against environmental degradation. The urgency of this battle is accentuated by recent extreme weather events and the ongoing biodiversity crisis, which stress the necessity of his and other environmental defenders' actions.

An arrest to intimidate radical environmentalism globally

Michel Forst, UN Special Rapporteur on Environmental Defenders, has warned against the criminalisation of environmental protest, stressing that it threatens democracy and human rights. The ongoing repression of activists like Watson shows a disregard for international recommendations and a dangerous trend of shrinking civic space.

The environmental crisis cannot be addressed if those raising the alarm are silenced. Authorities must recognise the essential role of environmental defenders and reject the criminalisation of activism. Watson's case is more than just a legal matter; it's a symbol of the global struggle to protect our planet, which requires our urgent attention and collective action.

By Laurence Teillet, PhD candidate at the Centre for Rights and Justice, focusing on the definition of piracy under the United Nations Convention on the Law of the Sea and on environmental activism.

Article written with input from Dr Mark Chadwick, Dr Luigi Daniele, and Dr Heather Alberro