In the 1967 Toho Classic King Kong Escapes, the nefarious Dr. Who (not to be confused with the beloved BBC Doctor Who) captured King Kong with a helicopter gas attack in order to use Kong to dig out Element X at the North Pole to make weapons of mass destruction for an unnamed hostile country. Could a state-funded paramilitary group kidnap a giant great ape for manual labor over 7,500 away from his natural habitat?
The answer…NO.
International and Domestic Law Protecting Great Apes
While international treaties do not specifically include King Kong, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was enacted to protect endangered species “against over-exploitation through international trade.” See CITES, Mar. 3, 1973, 27 U.S.T. 1087, T.I.A.S. No. 8249, Preamble. CITES protects over 45 different species of apes, new-world monkeys, and old-world monkeys, however, King Kong’s mega-primate species is not listed in CITES (because he is of course fictional). Given the age of Kong, he would be a very “old-world” ape. While Kong’s exact species is not listed in CITES, that is due to the fact his existence was unconfirmed, due to him being the only one of his kind on a remote tropical island.
Nations can enforce CITES to prohibit the trade of endangered species by creating penalties for those who trade or are in possession of endangered species or confiscation of protected specimens. CITES, Article XIII, (1)(a) and (1)(b).
By way of comparison, in the United States a species can be determined endangered by any of the following factors:
(A) The present or threatened destruction, modification, or curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued existence.
16 U.S.C.S. § 1533.
In Kong’s case, the lack of existing regulations could place his life in danger, specifically, do not kidnap the giant ape for manual labor.
Congress recognized the danger to primates with the Great Ape Conservation Act of 2000, which included live capture as one of the threats to chimpanzees, gorillas, bonobos, orangutan, and gibbons. GREAT APE CONSERVATION ACT OF 2000, 114 Stat. 1789, 1790. The Great Ape Conservation Act provides an application process for funds to support the conservation of great apes. Id. *1791. Applicants can include the any group with the expertise required for the conservation of great apes. Id. *1791(1)(C).
King Kong would be recognized as an endangered species, under CITES, because using a one-of-a-kind giant ape to dig out a radioactive element would be the very definition of protecting an animal against “over-exploitation.” Moreover, Kong could be found endangered under U.S. law because literally kidnapping an animal for menial labor is overutilization for a commercial purpose, specifically producing weapons of mass destruction. Given that there are no existing regulations on using giant apes for mining in the Arctic Circle, the an exception can be made to protect Kong’s life. Given the authority under CITES, affected nations such as Japan, and possibly the United States or Canada, would be within their rights to confiscate King Kong from Dr. Who in order to return Kong back to his natural habitat.
No Monkeying Around with King Kong
Kong’s adventures took him from escaping Dr. Who at the North Pole and swimming to Japan. Yes. Kong swam the roughly 2,135 miles from the Arctic Circle to Tokyo. After a battle with Mechani-Kong, King Kong sank Dr. Who’s command ship with his bare hands, and then swam home to Mondo Island. While “Mondo Island” is fictional, assume it is near Fiji, which would be over 4,500 miles away from Japan.
That is a long swim.
Commander Carl Nelson of the United Nations submarine Explorer could have applied for a grant pursuant to the Great Ape Conservation Act, which could have provided means other than swimming to return King Kong to Mondo Island. While floating King Kong by balloon towed by helicopters is not recommended, a large raft would have provided safer means that could have avoided risk of drowning. Federal funds could have been available to ensure King Kong’s safe return home.
