According to the International Committee of the Red Cross, “The Geneva Conventions and their Additional Protocols form the core of international humanitarian law, which regulates the conduct of armed conflict and seeks to limit its effects. They protect people not taking part in hostilities and those who are no longer doing so.” Coverage of the Geneva Conventions also apply to occupied territories where there is no actual fighting. Amnesty International defines war crimes as “crimes that violate the laws or customs of war defined by the Geneva and Hague Conventions.”
Internationally, “protected persons” is a legal term under international humanitarian law that refers to specific protections afforded to civilians in occupied territory whose rights are protected under the 1949 Geneva Convention, IV, and its Additional Protocol. According to Article 4 of the Geneva Convention:
“Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.”
Under this definition, civilians who possess the nationality of the occupying State while they reside in the territory of the occupied State are not protected under the Geneva Convention. Article 147 of the Geneva Convention provides a list of grave breaches, called war crimes, which would apply to protected persons as defined under Article 4.
“Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a [occupying] Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.”
The relevant grave breaches and explanations that would apply to the American occupation of the Hawaiian Kingdom can be found in paragraphs 190 through 205 of the Emergency Petition for Writ of Mandamus filed in federal court in Washington, D.C. If you are a protected person whose situation would fall under one of the explanatory paragraphs in the mandamus, a grave breach or war crime may have been committed against you.
Fifty years later, however, this definition of a protected persons was expanded to include the citizenry of the occupying State. This was an evolution of international criminal law ushered in by the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The case was the prosecution and conviction of Duško Tadić who was a Bosnian Serb. After being arrested in Germany in 1994, he faced among other counts, twelve counts of grave breaches of the 1949 Geneva Convention, IV. On May 7, 1997, he was convicted by the trial court on 11 counts but did not include the counts of grave breaches of the Geneva Convention.
In paragraph 608 of its judgment, the trial court found that Tadic was not guilty of 11 counts of grave breaches because the civilian victims possessed the same Yugoslavian citizenship as Tadic who represented the occupying Power in the war. The prosecutors appealed this decision and it was not only reversed by the Appeal Chamber of the ICTY, but it also expanded the definition of protected persons in occupied territory under international humanitarian law.
In its judgment in 1999, the Appeals Chamber concluded:
“[The] primary purpose [of Article 4] is to ensure the safeguards afforded by the [Geneva] Convention to those civilians who do not enjoy the diplomatic protection, and correlatively are not subject to the allegiance and control, of the State in whose hands they may find themselves. In granting its protection, Article 4 intends to look to the substance of relations, not their legal characterisation as such. … Hence, even if in the circumstances of the case the perpetrators and the victim were to be regarded as possessing the same nationality, Article 4 [Geneva Convention] would still be applicable.” Tadic, ICTY Appeals Chamber, Judgment (1999), para. 168 and 169.
This is an important evolution in international criminal law and has a profound impact on the occupation of the Hawaiian Kingdom. Up until 1999, protected persons in the Hawaiian Islands excluded American citizens. But since 1999, the Tadic case has expanded protection to citizens of the occupying State who reside in the territory of an occupied State. The operative word is no longer nationality or citizenship, but rather allegiance that would apply to all persons in an occupied State. This is not to be confused with an oath of allegiance, but rather the law of allegiance that applies over everyone whether they signed an oath or not. Hawaiian law only requires an oath of allegiance for government employees.
Under Hawaiian Kingdom law there is specific wording that covers allegiance. It is found in the Hawaiian Penal Code under sections 2 and 3 of Chapter VI for the crime of treason.
“Allegiance is the obedience and fidelity due to the kingdom from those under its protection. … An alien, whether his native country be at war or at peace with this kingdom, owes allegiance to this kingdom during his residence therein, and during such residence, is capable of committing treason against this kingdom.”
By expanding the scope and application of protected persons to American citizens residing in the Hawaiian Kingdom, they, along with all other nationalities of foreign States as well as Hawaiian subjects, are afforded equal protection under the Geneva Convention and can be considered victims of grave breaches or war crimes committed against them by American citizens in violation of the Hague and Geneva Conventions.
Question: so, if protection is not based on nationality but upon allegiance, would that also pertain to those of kanaka maoli descent that choose careers or positions where they would be expected to work in perpetuating the occupying powers over Haw Kingdom subjects, and knowingly do so?
Aloha Kehaulani, Everyone is protected until they violate the law and then they are not.
Let’s forget about protection for a minute (since the HK is illegally occupied) the fact that you (aliens, Hawaiian Subjects etc) reside in the HK demands that allegiance is owed. Only ones excluded from allegiance to the Kingdom are foreign ambassadors and diplomats.
Aloha Kaulana, foreign ambassadors and diplomats are not excluded from allegiance to the Kingdom or it’s Laws they just can’t be prosecuted for the violation. They same requirement for obeying the Law is required of them. The individual can be kicked out of the country or worst their embassy closed and all staff goes with him/her.
Mahalo Kekoa, It is to my understanding that foreign ambassadors etc ‘do not owe allegiance to the Kingdom’ as stated in HK Penal Code Ch. VI § 4.
The thought that foreign diplomats are not ‘excluded’ as you’ve stated.. does not make sense too me. If you visit an embassy…. who’s flag do they fly?
For clarification I am not talking about ‘the laws’ just ‘allegiance.’ Mahalo
Aloha Kaulana, Every country fly’s it own flag over it’s embassy because legally the land it sit’s on is considered soil of their country. The allegiance you pointed out in the HK Penal Code is speaking to the offense of TREASON. The allegiance I refer to is that of diplomatic relations. The allegiance (respect/honor) for the Leader of the receiving country by honoring his/her laws. Let them disrespect (no) allegiance and they can get away with Treason. However, no allegiance (disrespect) our Leader and his/her Laws and we get them on War Crimes. In 1948 the Japanese ambassador to Belgium, General Oshima, was sentenced by a military tribunal for his war crimes during the Second World War despite his diplomatic status.
This message has nothing to do with this article. I’m Just Using This Plat Form To Get This Message Out. I Been Watching All This Stuffs Going On. I Watched The Evening News They Had Jen On It Tonight. Baseball is more important to them.
Well This Is The Deal, This Message Is For The Hawaiian Kingdom Government. I Show You How Strong My Vision Can Be.
Find A Way To Work It Into Your Master Plan.
Cut Off All Taxs Being Payed To The State of Hawaii. Because ALL Of The Lands In Hawaii Is Either Crown Lands or Hawaiian Kingdom Lands. AND ALL REVENUES INCLUDING TAXS DOES NOT GO TO THE STATE OF HAWAII IT IS OWED TO THE HAWAIIAN KINGDOM GOVERNMENT.
ALL THESE THINGS GOING BACK AND FORTH. JUST STOP THE STATE OF HAWAII FROM COLLECTING THE TAXS.
TAXS NEED TO BE PAYED BY EVERYONE IN ALL GOVERNMENTS NO MATTER WHAT.
HAWAIIAN KINGDOM GOVERNMENT YOU NEED TO STOP ALL TAX REVENUES GOING TO THE STATE OF HAWAII. THATS YOURS TO OPERATE YOUR GOVERNMENT.
THATS WHY ALL THE BULL SHIT KEEPS RUNNING AROUND.
MY VISION TELL ME TELL YOU TO DO THAT SEE WHAT GOING HAPPEN.
Here’s Another Powerful Vision, A Message From The Messenger To The Hawaiian Kingdom Government.
You Know On Maui Kahului ALL The Commercial Area. Alexander & Baldwin Claims They Own It You Know. They Lease All That Property, All Around Kahului Harbor Everything.
YOUR NEW WORD IS “CONFISCATE”.
You Need To Confiscate All There Lands and “Bank Accounts” THATS NOT THERE LANDS.
ALL OF IT NEEDS TO BE CONFISCATED.
LOOK Haleakala Ranch ALL THEM TO. Look ULUPALAKUA RANCH. THEY WENT FROM SELLING COWS TO PUTTING UP WINDMILLS. NOW THEY SELLING RENEWABLE ENERGY.
TAKE ALL THESE PEOPLES LANDS AWAY AND THE MONEYS THEY MADE FROM IT.
ON ALL THE ISLANDS GET PEOPLE LIKE THIS.
THATS WHAT KING DAVID KALAKAUA WAS PROUD OF, ALL THE COMMERCIAL LANDS.
TAKE AWAY ALL THE STATE LANDS. THAN THEY GOING KNOW HOW QUEEN LILIUOKALANI FELT WHEN THEY CEDED HER LANDS.
GET PLENTY LANDS THAT NEEDS TO BE CONFISCATED. ALL THE HARBORS PORT OF LANDINGS, MILITARY BASES, PEARL HARBOR, BISHOP ESTATE, YEAH RIGHT, HE NOT EVEN HAWAIIAN, HE’S A CROOK.
HAWAII COMMERCIAL SUGAR. CONFISCATE ALL THERE LANDS & BANK ACCOUNTS.
ALL THE TAXS BEING PAYED FROM WAIKIKI, STOP IT FROM GOING TO THE STATE OF HAWAII.
ALL THE LANDS THE STATE CLAIM THEY OWN ON MAUNAKEA, ALL THE UNIVERSITY PROPERTY.
YOU GET THE IDEA NOW YEAH.
WELL THAN DO IT.
THIS IS HOW YOU MAKE A SMOOTH TRANSACTION.
KEEP EVERYTHING IN PLACE. WE NEED ALL THE SAME PEOPLE DOING THE SAME THINGS WE ALL DO EVERY DAY.
BUT.
ITS NOT THE STAE OF HAWAII THE 50 TH STATE ANY MORE.
ITS NOT STATE OF HAWAII GOVERNMENT.
ITS HAWAIIAN KINGDOM GOVERNMENT.
THERE IS NO STATE LANDS. ITS NOW HAWAIIAN KINDOM GOVERNMENT LANDS.
AND HONOLULU INTERNATIONAL AIRPORT IS NOT NAMED AFTER DAN INOUYE.
ITS QUEEN LILIUOKALANI INTERNATIONAL AIRPORT.
And the International Water way thingee that Federal Government of the United States went just name after Dan Akaka “is Not Approved”.
It Needs To Be Named After Our Great Modern Day Navigator Nainoa Thompson & Crew.
This is an Issue that a lot of communities In Hawaii face today. In America for a foreigner to move to america they have to apply for citizenship. They do it to control population growth. In Hawaii the Americans they just come pouring into Hawaii like this Disney Land or something.
Get WAY TO MUCH PEOPLE FROM AMERICA MOVING TO HAWAII.
IT CHANGES OUR WAY OF LIFE & CULTURE.
NOW EVERYBODY SAYING THEY FROM HAWAII. YOU KNOW THINK GOING EFFECT OUR KIDS.
EVERY FOREINER SAYING THEY FROM HAWAII.
PLENY OF THEM NEEDS TO GO BACK WHERE THEY FROM.
SAYING AMERICANS ARE PROTECTED IS BEING A HYPOCRITE.
PART OF HAWAIIS BIG PROBLEM IS GET TO MUCH OUTSIDERS COMING TO LIVE IN HAWAII. NOW THEY LIKE TELL US WHAT TO DO.
THESE OUTSIDERS IS INVASIVE SPECIES TO HAWAII.
SALE OF REAL ESTATE TO FOREIGNER NEEDS TO STOP.
HAWAIIAN KIGDOM GOVERNMENT. WAKE UP!
SORRY MISTAKE, I went ask akua how come Kingdom was spelt wrong, he said i getting angry The Hawaiian Kingdom Government is doing every thing they can.
My Apologies to you.
I feel your pain… I would like to hear from the HK government. How will they address these issues… also the massive illegal alien population here in Hawaii, better have a plan ready for this one no wait last minute.
MORE HAWAIIANS COMPLAIN MAKE NOISE CUT OFF ALL THE TAXS GOING TO THE STATE OF HAWAII AND CONFISCATE ALL THE STATE LAND AND FOREIGN LARGE LAND OWNERS, AND DEMAND TO STOP MORE AMERICANS FROM BEING ALLOWED TO MOVE TO HAWAII AND A LOT OF THEM NEEDS TO BE DEPORTED.
IT’S NOT ABOUT HATE. ITS ABOUT SAVING OUR CULTURE FROM BEING CONTAMINATED.
KU’E
WATCH OUT HAWAIIANS TOO, WE BEING SECRETLY MONITORED BY THE US GOVERNMENT.
THEY DONT WANT US TO SUCCEED, THEY RATHER SEE US DIVIDED. WE NEED TO GET RID OF THERE GOVERNMENT.
WHEN THE HAWAIIAN KINGDOM RETURNS ITS GOING TO BE MORE DIFFICULT FOR THEM TO OPERATE.
KU’E
CALL FOR ISLAND WIDE PROTEST
TELL ALL YOUR FRIENDS & FAMILYS ON ALL THE ISLANDS
PROTEST THE RETURN OF ALL CEDED LANDS & STATE LANDS TO THE HAWAIIAN KINGDOM GOVERNMENT.
STOP THE STATE OF HAWAII FROM COLLECTING TAX’S, TAX’S OWED TO THE HAWAIIAN KINGDOM GOVERNMENT.
AND STOP ALLOWING MORE PEOPLE MOVING TO HAWAII.
Towards the end it talks about treason & allegiance..there is a typo..it says IV but it should be VI. Just FYI..aloha!
okay Hawaiian Kingdom Government, Pretty soon going be time to Publicly Release The Names & Genealogy Of Your CANDIDATES For Head of State.
So we can get this party started.
Take Back All The Ranch Lands From All The Islands And Run It As Hawaiian Kingdom Own & Operated. Revenue & Food For The Kingdom. All Those Lands To Be Preserved. And The People Who Work On It.
So are the Menehune protected people by virtue of being invaded and enslaved by the Polynesians?