Former Diplomat Reports War Crimes in Hawai‘i to Swiss Attorney General


January 23, 2015

A former diplomat reported war crimes being committed in the Hawaiian Islands to Swiss Attorney General in Bern

ZURICH, SWITZERLAND – On December 22, 2014, it was reported by a former diplomat to Swiss Attorney General Michael Lauber that war crimes are being committed in the Hawaiian Islands. The case has been assigned to a Prosecuting Attorney of the Center of Competence of International Crimes, an agency of the Office of the Attorney General that is empowered to prosecute war crimes.

Click here to download war crimes report. The exhibits for Mr. Kale Gumapac identified in the war crimes report can be downloaded here: Exhibit #1, Exhibit #2, Exhibit #3, Exhibit #4, Exhibit #5, Exhibit #6, Exhibit #7, Exhibit #8, Exhibit #9-A, Exhibit #9-B, Exhibit #9-C.

A month later on January 22, 2015, the Prosecuting Attorney received a formal criminal complaint in Bern by a Swiss citizen residing in the Hawaiian Islands alleging war crimes have been committed against him and his family by the State of Hawai‘i and the government of the United States. The Swiss citizen traveled to Bern for this very reason. His name is kept confidential for safety reasons and he has invoked his right to protective measures under Article 152 of the Swiss Criminal Procedure Code.

Click here to download complaint by Swiss citizen.

“Through rigorous academic research, especially in the department of political science at our university, a revised view of the status of Hawai‘i in international law has emerged,” explained the diplomat. “In several dissertations that came out in the last few years it was proven that the Hawaiian Kingdom continues to exist as an independent State, yet under a prolonged occupation by the United States of America since the Spanish-American War (1898).”

“In this context,” the diplomat stated, “it should also be mentioned that the Hawaiian Kingdom entered into a treaty of friendship, establishment and commerce with the Swiss Confederation in 1864, which has never been terminated by any of the two contracting parties.”

“Spearheading this research concerning the legal status of Hawai‘i is Dr. David Keanu Sai who graduated from the University of Hawai‘i at Manoa with a Ph.D. dissertation on that topic a few years ago, and who has subsequently inspired a series of other academic researchers,” said the diplomat.

On September 19, 2014, Professor Williamson Chang, a senior law professor at the William S. Richardson School of Law, University of Hawai‘i at Manoa, wrote a letter to U.S. Attorney-General Eric Holder, in which he reported war crimes being committed by the United States on Hawaiian territory. ABC News Australia covered the story and Attorney General Holder has been silent on the reporting.

The diplomat explained to Swiss Attorney General Lauber, “It is Professor Chang’s letter to Attorney General Holder concerning the committing of war crimes in Hawai‘i that prompted me to turn to the Swiss authorities, because it directly affects the estimated 600 Swiss citizens residing here in the Islands, as well as all foreign citizens residing or doing business in the Islands. Because of his expertise, I have therefore asked Dr. Sai to put together an exhaustive report for the attention of Swiss citizens, which I have the honor to forward to you.”

Dr. Sai’s report answers three initial questions in order to provide context for the reporting of war crimes: first, whether the Hawaiian Kingdom existed as an independent State and a subject of international law; second, whether the Hawaiian Kingdom continues to exist as an independent State and a subject of international law, despite the illegal overthrow of its government by the United States; and, third, whether war crimes have been committed in violation of international humanitarian law.

After the three questions have been answered in the affirmative, Dr. Sai addressed whether the Swiss Federal Government is capable of investigating and prosecuting war crimes that occur outside of its territory. According to the report, Dr. Sai states that the Swiss authorities are authorized under Swiss law to prosecute war crimes committed outside of its territory under passive personality jurisdiction where the victim is a Swiss citizen, under active personality jurisdiction where the perpetrator is a Swiss citizen, and also under universal jurisdiction where the victim and/or perpetrator of the war crime are not Swiss citizens.

A complainant who is identified in Dr. Sai’s report is Mr. Kale Kepekaio Gumapac, a Hawaiian subject, who resides on the island of Hawai‘i and has alleged war crimes have been committed against himself by Deutsche Bank for the pillaging of his home, whose Chief Executive Officer at the time was Josef Ackermann, a Swiss citizen and resident of Zurich. Deutsche Bank’s pillaging of his home was carried out by State of Hawai‘i Deputy Sheriff Lieutenant Patrick Kawai.

On January 22, 2015, Gumapac amended his complaint to include active personality jurisdiction due to the fact that Josef Ackermann is a Swiss citizen and resides within the territory of the Swiss Confederation. Swiss law mandates an investigation of crimes committed abroad where the perpetrator or victim are Swiss citizens. Gumapac also invoked his rights as a Hawaiian subject under the 1864 Hawaiian-Swiss Treaty that states, “Hawaiians shall be received and treated in every canton of the Swiss Confederation, as regards their persons and their properties, on the same footing and in the same manner as now or may hereafter be treated, the citizens of other cantons.”

Click here to download Gumapac’s amended complaint.

The pillaging stemmed from an unfair trial, which is a war crime under the 1949 Geneva Convention, IV, because since the State of Hawai‘i is self-declared, its courts cannot claim that they are properly constituted under the law. Gumapac also named the trial judge, Greg Nakamura, had committed the war crime of depriving Gumapac of a fair trial after Gumapac’s attorney, Dexter Kaiama, provided clear evidence that the court was unlawful. Nakamura disregarded the evidence and allowed Deutsche Bank to pillage Gumapac’s home despite the fact that Gumapac had title insurance to cover the debt owed to Deutsche Bank.

Dr. Sai also serves as the attorney for both claimants by virtue of specific powers of attorney entered into in Geneva, Switzerland, by the unnamed Swiss citizen, and by Gumapac in the State of Washington, United States of America.

In his report, Dr. Sai drew a comparison of Hawai‘i’s occupation by the United States to the German occupation of Luxembourg during the First World War from 1914-1918. Like Luxembourg, the Hawaiian Kingdom was a recognized neutral State, and both occupations took place without armed resistance.

According to Dr. Sai, “The Germans invaded Luxembourg in order to use it as a military base to launch attacks against France, and the United States invaded the Hawaiian Kingdom and used it as a military base to launch attacks against Spain in its Pacific colonies of Guam and the Philippines. Where the German occupation ended in four years, only to be reoccupied again by Germany from 1940-1945, the Hawaiian Kingdom has since been under a prolonged occupation and its territory has and continues to be used as a military base of operations in all the wars the United States has participated in since 1898.”

On March 30, 2013, the Peoples Republic of North Korea formally declared war on South Korea and the United States. In its declaration North Korea specifically stated they have targeted Hawai‘i because of the presence of the United States military. Hawai‘i serves as the headquarters for the Pacific Command, which is the largest combatant command for the Department of Defense.

“What people don’t realize,” said Dr. Sai, “is that the Hawaiian Islands was never a part of the United States. It is the territory of the Hawaiian Kingdom that has been an independent and sovereign State since November 28, 1843 and a recognized neutral State since the Crimean War in 1854. The Hawaiian Islands were never acquired by the United States under international law and it is international law that maintains and protects its independence and continued existence.”

Dr. Sai emphasizes that Hawai‘i is not seeking its independence from the United States through self-determination because it was never a part of the United States to begin with. It has been independent since 1843 and its international treaties remain binding today with Austria, Belgium, Denmark, France, Germany, Hungary, Italy, Japan, Luxembourg, Netherlands, NorwayPortugal, Spain, Sweden, Switzerland, the United Kingdom, and the United States of America. In the nineteenth century the Hawaiian Kingdom maintained over ninety legations and consulates throughout the world.

In his report, Dr. Sai identifies two armed conflicts. The first was an armed invasion by United States troops on January 16, 1893 and lasted until April 1, 1893. A subsequent Presidential investigation concluded the United States to be in the wrong and negotiated settlement by executive agreement with the Hawaiian government. The second armed conflict occurred during the Spanish-American War when the Hawaiian Kingdom was occupied on August 12, 1898 after the Congress passed a law unilaterally seizing the Hawaiian Islands on July 7, 1898. The President and the Congress knowingly violated Hawaiian neutrality after the Spanish consul in the Hawaiian Islands made a formal protest. Hawai‘i’s neutral status was explicitly stated in Article 26 of the 1863 Spanish-Hawaiian Treaty. Hawai‘i was used as a base of operations against the Spanish in the Pacific. The war came to an end on December 10, 1898, but the United States remained as an occupier and fortified the Hawaiian Islands as a military outpost.

According to Dr. Sai, “What you have here is deception and fraud on a grand scale where the United States government deliberately mislead the international community that Hawai‘i was made a part of the United States in order to conceal the military occupation of a neutral and independent State.”

According to the report, Dr. Sai states that a formal policy of Americanization through denationalization was instituted in the public schools throughout the Hawaiian Islands in 1906 called Program for Patriotic Exercises in the Public Schools. The Hawaiian language was banned and replaced by the English language. The children were also taught American history, patriotic songs, figureheads, and holidays. The purpose, according to Dr. Sai, was to obliterate the national character of the Hawaiian Kingdom through institutionalized indoctrination.

Dr. Sai states that the Americanization is reminiscent of Germanization and Italianization in occupied territories during World War II that took place in Norway, France, Luxembourg, the Soviet Union, Denmark, Belgium, the Netherlands, and Yugoslavia. In only three generations, this indoctrination nearly succeeded in erasing any memory of the national character of the Hawaiian Kingdom, but through academic research at the University of Hawai‘i the true status of Hawai‘i is being exposed.

This revelation not only has legal and political consequences, but also economic consequences as well. As a direct result of the United States deliberate failure to abide by international law, titles to real estate in the Hawaiian Islands could not be conveyed since 1893 because there were no functioning notaries under Hawaiian law to acknowledge the deeds of conveyances. Without valid titles, mortgages can’t exist. And because there are no valid mortgages, this has a direct and dire impact on mortgage-backed securities that include mortgages from the Hawaiian Islands, which are now realized to be defective. The recent banking crisis that centered on mortgage-backed securities and foreclosures pales in comparison to the Hawaiian situation.

“My reporting of war crimes is a very serious issue and it should not be taken lightly by anyone, including myself,” said the diplomat. “According to Swiss law, a person must report a crime to the proper authorities if there is corroborating evidence. And that is what I did.”

CONTACT: Dr. David Keanu Sai