On Friday afternoon, August 10, 2012, the Ambassador-at-large and Agent for the acting government of the Hawaiian Kingdom, H.E. David Keanu Sai, Ph.D., filed with the President of the United Nations General Assembly at United Nations headquarters in New York a Protest and Demand with 55 Annexes against the United States of America concerning the prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898, and 172 member-States of the United Nations. All the named States in the Protest have treaty relations with the Hawaiian Kingdom either as States or as successor States to their predecessor. There are forty-six (46) States and one hundred twenty-seven (127) successor States that have treaty relations with the Hawaiian Kingdom.
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The Protest and Demand with 55 Annexes was filed with the General Assembly in accordance with Article 35(2) of the United Nations Charter, which provides, “a State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purpose of the dispute, the obligations of pacific settlement provided in the present Charter.” The Hawaiian Kingdom is a non-Member State of the United Nations.
The Protest and Demand calls upon the United Nations General Assembly:
- To ensure the United States of America comply with the 1893 Lili‘uokalani assignment & Agreement of restoration, 1899 Hague Convention, IV, the 1949 Geneva Convention, IV, and international law, as hereinafter described;
- To ensure that the United States of America establishes a military government, to include tribunals, to administer and enforce the civil and penal laws of the Hawaiian Kingdom pursuant to the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;
- To ensure that all member States of the United Nations shall not recognize as lawful the United States of America’s presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom, except for its temporary and limited authority vested under the 1893 Lili‘uokalani assignment and Article 43 of the 1907 Hague Convention, IV, as hereinafter described;
- To ensure full reparation for the injury caused by the serious breach of obligations and internationally wrongful acts in the form of restitution, compensation and satisfaction, whether singly or in combination.
The Hawaiian Kingdom will withdraw States named in the Protest and Demand, with the exception of the United States of America, when these States shall declare, whether individually or collectively, that they will not recognize as lawful the United States of America’s presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom according to Article 41(2), Responsibility of States for International Wrongful Acts (2001), except for the United States’ temporary and limited authority vested by virtue of the 1893 Lili‘uokalani assignment, Article 43 of the 1907 Hague Convention, IV, and international law.
