State Jurisdiction that arise from the
following fact situation.
The Japanese-registered whaling vessel Nisshin Maru, with 35 Japanese
crew members on board, sailed to Australasian waters in December 2016.
New Zealand has a large and very vocal anti-whaling lobby. On 15
December 2006 six members of a small radical anti-whaling group calling
themselves the Real Rainbow Warriors set sail in a small boat heading in the
direction of the Nisshin Maru. That night, the Nisshin Maru caught fire in
international waters after an explosion caused by a home-made explosive
device apparently thrown on board from the same boat in which the Real
Rainbow Warriers set sail earlier in the day. The Ross
Two crew members on the Nisshin Maru were killed during the explosion and
the ship was badly damaged. The Japanese government asked the New
Zealand government to allow entry to a New Zealand port for the Nisshin
Maru to carry out repairs, and insisted that the New Zealand authorities must
find and prosecute those responsible for the explosion. New Zealand refuses
entry to the ship not just because it is a whaling vessel and New Zealand is
opposed to whaling, but also because the ship is damaged and has a lot of
'very nasty chemicals on board'.
The damaged Nisshin Maru was forced to head for Australia. Unfortunately,
unusually rough and stormy weather caused the ship to break up and the
crew were forced to abandon the vessel. Australian coast guard authorities
launched a rescue attempt and were able to rescue all crew except two who
drowned in international waters.
In February 2017 New Zealand and Australian maritime police working
together uncovered the identity of the six persons responsible for the
explosion and fire on the Nisshin Maru. Two members of the crew hold dual
Australian-UK citizenship, two hold PNG citizenship and two are New Zealand
nationals. All are now in custody in Australia.
Japan now wants the Australian government to prosecute the six suspects to
the full extent of the law, or alternatively, to facilitate the extradition of the six
accused to stand trial in Japan.
You are a legal consultant working in the Australian Department of Foreign
Affairs. Write Memorandum of Advice to the Minister of Foreign Affairs
addressing the position of each of the six detainees. Your answer
should detail Australia's rights and responsibilities in relation to each of
Word limit: 200-400words.
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