Iceland: A Tourist's Guide to Understanding the Whaling Controversy

Iceland, a land known for its breath-taking landscapes, vibrant culture, and rich history, also finds itself at the heart of a complex and contentious issue: whale hunting. As visitors to this beautiful country, it's essential to understand the diverse perspectives on whaling, its impact on the environment, and the ongoing legal and ethical debates surrounding it. The Plight of the Great Whales

The Great Whales, magnificent creatures that roam the oceans, face significant threats from human activities compounded by an increasingly hostile marine environment due to ocean warming.

Historically, commercial whaling significantly reduced whale populations, prompting the International Whaling Commission (IWC) to largely ban the practice. Despite this, Iceland, along with a few other nations, has continued whale hunting, sparking debate among environmentalists, animal rights advocates, and members of the international community.

In the summer of 2023, following a temporary ban by the Government, Iceland reissued a whaling licence to Kristján Loftsson, the country's only whaler for the last 24 days of that season. This decision led to the killing of 24 fin whales, including an unborn calf. 148 whales were caught in the 2022 season.?

Whales: Guardians of the Environment

Great Whales are not just awe-inspiring beings; they play a crucial role in maintaining healthy, clean, and sustainable ecosystems. They help capture significant amounts of carbon from the atmosphere, both directly through their biomass and indirectly by supporting phytoplankton production, which in turn increases oxygen creation and carbon capture. They are a keystone species in ocean health. Right now, removing even one peg from this stressed ecosystem could unleash a tipping point for our ocean and climate health. The economic and environmental benefits of protecting whales compel the need for global cooperation in their conservation.

Legal and Ethical Considerations

Internationally, Iceland's whale hunting has been scrutinised for potentially violating human rights, the Law of the Sea, and even contributing to ecocide. These concerns hinge on the right to a safe, clean, and sustainable environment and the broader obligation to prevent activities that could harm the climate and biodiversity. Ethically the basis on which last year’s whaling licence was shut down was due to the documented inhumane and cruel manner in which whales were being hunted and killed. This year, the Icelandic MAST report revealed that even with additional precautions in place, there is no humane way to kill a whale: It has been shown that whales often suffered multiple harpoon strikes, endured prolonged, painful deaths, and were subjected to unacceptable stress from the pursuit.?

The Human Cost of Whaling

The Special Rapporteur on Human Rights obligations relating to the Enjoyment of a Safe, Clean, Healthy and Sustainable Environment has emphasised Iceland's duty to protect human rights from harm caused by businesses within its control i.e. Iceland “must use all available means to prevent polluting, environmentally destructive and unsustainable activities under their jurisdiction or control from causing significant harm to the climate, environment and people in other States, or to areas beyond the limits of national jurisdiction.”

Continued whale hunting is a clear violation of the Human Right to a Healthy Environment - therefore Iceland must use all available means to prevent such activities, which by extension, provides a legal obligation to prohibit whaling.

Contrary to popular belief, whale meat is not a widely consumed traditional dish in Iceland. The majority of the catch, especially fin whale meat, is exported, with declining global demand prompting the search for new gimmicky uses for whale products. Moreover, the practice undermines the livelihoods of those dependent on whale watching - an established key tourist activity in Iceland.?

Additionally, the growing global movement of young people filing legal cases against governments for failing to address climate change underscores the urgency of the issue. Notable cases, such as the one brought by young Portuguese individuals against 33 countries and the victory of Torres Strait Islanders against Australia, highlight the growing recognition of the fundamental role whales play in sequestering CO2 and combating climate change.

Recently, Māori communities of Cook Islands, New Zealand and Tahiti launched a Declaration conferring personhood on Whales. The Declaration is truly groundbreaking and a first of its kind- the first regional 'Rights of Nature' initiative in the world. This initiative not only uplifts and supports Indigenous Rights and values, but provides a framework to strengthen marine protection and increase collaboration to protect Whales and the benefits they provide to all of us.

Violations of the Law of the Sea

Iceland's maritime activities, including whaling, are bound by international obligations under the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention on the Regulation of Whaling (ICRW). These laws mandate the protection and preservation of the marine environment, applying not only to territorial seas but also to the exclusive economic zone (EEZ) and the High Seas.

The continued hunting of whales, including endangered species in the North Atlantic, contradicts Iceland's obligations under UNCLOS. These actions do not align with the positive obligation to protect and preserve the marine environment. The export of whale parts for commercial purposes also contravenes the conditions set by the Convention on International Trade of Endangered Species (CITES), further emphasising the legal and ethical challenges posed by Iceland's whaling practices.

Ecocide and Domestic Law: A Global and Local Perspective

The concept of ecocide is gaining global recognition, highlighting the severe impact of environmental harms. Although Iceland is not an EU member and thus not directly subject to EU environmental directives, the EU's recent move to categorise certain environmental damages as crimes punishable by law reflects a growing international consensus. This trend towards recognizing and penalising ecocide underscores the need for nations to adhere to practices that prevent long-term environmental harm.

Domestically, Iceland's Nature Conservation Act mandates that human activities should not harm the environment, promoting sustainability and the preservation of nature's ability to evolve according to its own laws. Despite this, the ongoing practice of whaling by one single person: Kristján Loftsson, who thus was responsible for the killing of 148 whales in 2022, challenges the principles of sustainability enshrined in Icelandic law. Such activities not only breach the spirit of Iceland's commitment to environmental preservation but also pose a direct challenge to the global effort to protect our planet.

A Call to Action by Tourists to Iceland

As tourists, our choices can have a profound impact. By choosing sustainable travel and destination - or supporting eco-friendly activities like responsible whale watching, and speaking up loudly against whale hunting and restaurants serving whale meat to tourist, we contribute to the protection of these majestic creatures and the environment. Understanding the complex issues surrounding whaling in Iceland allows us to make informed decisions and advocate for a future where both humans and whales can thrive.

As Iceland navigates the challenges of balancing tradition, economic interests, and environmental conservation, the global community watches closely.

The story of whaling in Iceland is not just about the fate of the Great Whales but about our shared responsibility to protect our planet for generations to come.

With thanks to Anna Von Rebay, Michelle Bender