Acting Government On Course to Secure a Protecting Power

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.”

13 thoughts on “Acting Government On Course to Secure a Protecting Power

    • Mahalo piha i keAkua no ka acting government o ku’u Hawaiian Kingdom Aloha. ” ‘Onipa’a.” HRM Lili’uokalani, D. Keanu Sai, PhD. 🙂

  1. I recall that the Acting Government had asked the ICRC to fill this position because basically every other nation had had involvement with the occupying govt., which made it impossible for those countries to be called upon as Protecting Powers. The list then would be incredibly short. I would appreciate additional information regarding the timeline set forth, previously. We had been told that March was the month, as set forth in the guidelines, for the Protecting Power to supply a plan their action. Mahalo for all of the hard work, and for the honest transparency!!

    • Aloha Noelani, I agree that the list will be incredibly short and I am curious who will be the second country that will further this investigation.

      It’s sad that all these land grabbers and the people that were involved in the occupying government are not alive today to face these criminal charges.

  2. Aloha mai kākou!

    When the United States Armed Forces used white phosphorus in Iraq, in Fallujah in violation of the Geneva Convention the former head of the Occupying Power, George W. Bush, then president of the United States of America which is the same Occupying Power in the Kingdom of Hawai`i too, had publicly made a statement about said violation: “The interest of the United States takes precedence over the Geneva Convention and all international agreements”. What could we expect from the Occupying Power if this is their justification which contradicts all international laws/ By the way, what is the enforcing power set forth in the 1907 Hague Convention?
    Mahalo nui no ka hana maika`i. Na nā akua e ho‘ola‘a i keia pae ‘āina nei!
    I mua!

  3. Right now, the pride and gratitude for the courage and dedication it is taking to get us closer and closer to where we rightfully belong could not be much greater. Mahalo nui ia ‘oukou, mai ka lahui ha’aheo loa!

    • If you find someplace that offers more information on this, please come back and share. I’ve attempted to google all sorts of things and can’t find anything to help narrow down the information. Hopefully, someone will post again soon to update everyone as to how this situation is unfolding. There are many who are waiting to see what their grandparents only dreamed of.

  4. Aloha kakou,
    There is an open facebook group called Ka Nuhou Maka’ala that everyone is welcome to join. It is NOT an official site but it is an interactive group that discusses and shares mana’o about the OCCUPATION and other Hawai’i related issues. The purpose of the group is to find clarity using factual information and knowledge based on serious research and life’s experiences from Hawaiian people who have been involved with the issues for quite a while.

  5. I see. Looking forward to more development relating to this! May the Almighty Father help us all…..

    By the way, any new activity on the International Court of Justice? Have they decided to do anything yet since the financial expenses has already been paid to the Court under Article 35 of the ICJ’s Statute? If what I’m reading is correct, when the ICJ fully proceeds with this matter of Hawaii’s occupation, the clock will start ticking. And when the clock does start to tick, I think I’ll move on from possibility to WHEN Hawaii will get de-occupied!

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