“Accepting the extradition of Paul Watson would be an unacceptable regression in terms of European law”

AWhen the legal battle of Julian Assange, founder of WikiLeaks, recently reached a happy conclusion with the conclusion of an agreement with the American justice system, this is another exceptional whistleblower who is now under threat. Paul Watson, who founded the Sea Shepherd organization in 1977, was arrested on July 21, 2024, in Greenland, pursuant to an international arrest warrant issued by Japan that apparently led to the issuance of a red notice by Interpol in 2012.

Pending an extradition decision, his detention has been extended until September 6, 2024 by the Danish courts. The great environmental activist is accused of having caused damage and injuries during his actions against a Japanese whaling ship in 2010 in the Antarctic.

It is clear that this legal procedure directly targets the modus operandi chosen by Paul Watson and his organization, that of a necessary disobedience intended to denounce, among other things, the plundering of the seabed and to ensure the protection of their ecosystems. It also demonstrates Japan’s desire to exercise a sort of vendetta against him, also aimed at intimidating all those who would be tempted to embrace Paul Watson’s radical mode of action.

An unprecedented and historic opportunity

This arrest reveals the paradox of many democracies, consisting, on the one hand, of consolidating, on paper, the protection of whistleblowers even when they violate the law and, on the other, of continuing if not accepting the criminalization of those who defy the interests of the most powerful. It is imperative to act to avoid a repeat of the case of Julien Assange and others who have been exposed to prosecution despite the civic and disinterested nature of their actions.

Paul Watson’s action, aimed at preserving biodiversity at a time when it has never been so threatened, is of general interest and must be protected by preventing his surrender to Japan. Denmark now has an unprecedented and historic opportunity to adapt the principles of extradition law to officially include the protection of whistleblowers and major disobedients.

Denmark was the first country to transpose the Directive of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. This Directive protects, in particular, persons working for a public or private organisation who report breaches of Union law that affect the public interest.

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