Since meeting with officials from the International Committee of the Red Cross (ICRC) on December 17, 2013 at its headquarters in Geneva, Switzerland, the acting government has been actively involved in securing a Protecting Power under the provisions of the Fourth Geneva Convention and the Additional Protocol 1. This process includes the ICRC and an unnamed State party to both the Fourth Geneva Convention and the Additional Protocol, but due to the sensitivity of the situation and negotiations the acting government is unable to provide a status report until a Protecting Power has been secured. A Protecting Power protects the interest of a third State and its citizenry during occupation.
The acting government deposited its instrument of accession to the Fourth Geneva Convention with the Swiss government on January 14, 2013 followed by its accession to the Additional Protocol 1 on December 16, 2013. As a party to the Geneva Convention, it is the duty of the acting government to secure a Protecting Power, being another party to the Geneva Conventions that is independent and not a party to the conflict. Article 5(1) of the Additional Protocol 1 provides: “It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including ‘inter alia’ the designation and acceptance of those Powers… Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.”
Article 1 of both the Fourth Geneva Convention and the Additional Protocol 1 provides that the “High Contracting Parties undertake to respect and to ensure respect for [the Convention and Protocol] in all circumstances.” According to the ICRC’s commentaries “the duty to respect implies that of ensuring respect by civilian and military authorities, the members of the armed forces, and in general, by the population as a whole.” The acting government has diligently worked to ensure compliance by these parties, but these authorities have recklessly disregarded the heeded warnings of compliance and have instead committed war crimes on a grand scale siding with the United States presence. This is directly attributable to the United States’ willful failure, as the occupying Power, to comply with the laws of occupation since the occupation began in 1898.
On this note, the ICRC comments, “In the event of a Power failing to fulfill its obligations, each of the other Contracting Parties, (neutral, allied or enemy) should endeavor to bring it back to an attitude of respect for the Convention. The proper working of the system of protection provided by the Convention demands in fact that the States which are parties to it should not be content merely to apply its provisions themselves, but should do everything in their power to ensure that it is respected universally.”
As stated on the acting government’s website:
“The primary objective of the Hawaiian Kingdom Government is to expose the occupation of our nation within the framework of the 1907 Hague Conventions IV and V and our domestic statutes, and to provide a foundation for transition and the ultimate end of the occupation of the Hawaiian Kingdom. Article 43 of the 1907 Hague Convention IV mandates that the occupying government, being the United States of America, must administer the laws of the occupied State, being the Hawaiian Kingdom, and any deviation of this mandate is a violation of international law.”