"In light of the fact that JARPA II has been going on since 2005 and has involved the killing of about 3,600 minke whales, the scientific output to date appears limited," the court said in its judgment.
The organization in charge of carrying out Japanese whaling, the Institute of Cetacean Research (ICR), claims it has produced 130 peer-reviewed research articles, or an average of 5 articles per year since 1988. While this may sound like a reasonable research output, the ICR includes all published research in this figure, not only studies conducted as part of the lethal whaling program. When it came time to produce evidence of viable scientific research using whales killed in the Southern Ocean, Japan were only able to produce two peer-reviewed papers.
The court ruled that neither of these two papers addressed JARPA II's stated objectives of monitoring the Antarctic ecosystem, modelling competition among whale species, detailing temporal and spatial changes in stock structure, and improving the management procedure for Antarctic minke whale stocks.