Attorneys for Mauna Kea Protectors Argue State of Hawai‘i is Engaging in “War Crimes”

This past Monday defense lawyers Dexter Kaiama and Stephen Laudig filed their response to the State of Hawai‘i Attorney General’s opposition to their clients’ motion to dismiss. They argued that the Attorney General “cannot be allowed to knowingly and with intent benefit from the ‘war crime’ of usurpation of sovereignty that consists in the ‘imposition of legislation or administrative measures by the occupying power,’ which, in effect, leads to the violation of international law by denying a Protected Person of the right to a fair and regular trial by a properly constituted court. The prohibition of ‘war crimes’ is a jus cogens norm under customary international law and neither the [Attorney General] nor this Court can derogate from these peremptory norms.”

Kaiama and Laudig represent Deena Oana-Hurwitz, Loretta and Walter Ritte, Pualani Kanakaole-Kanahele, Kaliko Kanaele, Gene P.K. Burke, Alika Desha and Desmon Haumea. Both attorneys are also members of the National Lawyers Guild that “provides legal support to the movement demanding that the U.S., as the occupier, comply with international humanitarian and human rights law within Hawaiian Kingdom territory, the occupied.”

After state law enforcement officers arrested 39 Kia‘i Mauna (protectors of the mountain) who were opposing the building of the Thirty-Meter Telescope (TMT) on Mauna Kea on July 17, 2019, the Attorney General filed charges of obstruction in the Hilo District Court. On behalf of the 8 defendants, Kaiama and Laudig filed their motions to dismiss on November 13, 2019, which provided clear and unequivocal evidence that because the Hawaiian Kingdom continues to exist under international law the District Court “is not a regularly constituted court” and therefore does not have lawful jurisdiction to preside over the case.

An opposition to the motion to dismiss was filed by the Attorney General on December 6, 2019. In its opposition, the Attorney General provided no counter evidence of the Hawaiian Kingdom’s existence and that the Hawaiian Islands have never been lawfully a part of the United States. Instead, the Attorney General argues three points as to why Judge Kanani Lauback should deny defendants’ motion to dismiss. The first argument is that the political question doctrine prevents courts from adjudicating the legality of the overthrow of the Hawaiian Kingdom and the validity of the State of Hawai‘i. Second, the legal status of the State of Hawai‘i has been adjudicated. And, third, international law does not override acts of Congress.

On December 9, Kaiama and Laudig filed a reply that starts off by stating that the Attorney General’s “statement of relevant facts violates the principle of jus cogens and is not relevant to the Court’s consideration of the instant motion.” Jus cogens is a legal term that federal courts say “enjoy[s] the highest status within international law,” and as such cannot be denigrated. International crimes, which includes war crimes, are jus cogens norms.

In its reply, the defense pointed out that the unlawful imposition of United States laws and administrative policies constitute a war crime under customary international law. For their evidence, the defense cited a legal opinion written by Professor William Schabas, a leading expert in international criminal law and war crimes, titled Legal opinion on war crimes related to the United States occupation of the Hawaiian Kingdom since 17 January 1893. The defense argues that all “three fit squarely within the provisions of United States internal law—being legislation and administrative rules, which customary international law precludes a State from invoking as justification for its failure to comply with Article 43 of the Hague Regulations.” Article 43 of the Hague Regulation is a ratified treaty by the United States that obligates an Occupying State to administer the laws of the Occupied State. In this case the Occupying State is the United States and the Occupied States is the Hawaiian Kingdom.

A hearing on the motion to dismiss is scheduled for 8:30am on Friday, December 13, 2019, at the Hilo District Court.

20 thoughts on “Attorneys for Mauna Kea Protectors Argue State of Hawai‘i is Engaging in “War Crimes”

  1. IMua Hawai’I and All Sovereign Citizens of Our Great Nation Ko Hawai’i Pae Aina✊🏾✊🏾✊🏾
    There exist another form to further what the occupiers
    The Military and all their agencies”
    FM 27-10 The Law Of The Land Of Warfare
    Fake State
    Military Ocuppier could not and should not have created a Fake State In Our Country
    It’s in Their Law Book
    Google it read it and Stand UP✊🏾✊🏾✊🏾

  2. Time To DeOccupy And Return What Is Not Theirs To Begin With. Taken In An Act Of War!
    Breaking InterNational Treaty Laws..Hawaii Ko Pae Āina Has Suffered Enough Pillaging..Shame On The False Government Of U.S…Shameless And Illegal Violent Bullying Is An Historical Fact As To How They Proclaim To Be A Great Nation…Push Boundaries!..But Break Ours..Hewa!!

  3. speak the truth and stand on the truth and the truth will set us free, its about time that the courts in hawaii wake up n no the truth so that they can start to practice wat was written in hawaiian gov. law the true law of the true state of hawaii I Stan wit my brothers n sisters against the further desecration n the stealing of our lands n for every kanaka with any amount of coco be given land to be able to live grow n raise food as well to provide in generations to come land that the can sustain their way of life. IMUA KANAKA MAOLI

  4. Mahalo Nui!!—Mr. Kaiama and Mr. Laudig—the Facts and Truth of Life will set the Hawaiian Subjects free! “Ua Mau—-Sovereignty Endures”, forever!
    Pule Kakou! Aunty Ceci and Uncle Francis

  5. It keeps being exposed for the truths it is.
    Palikapu coming to Maui again today. We’re meeting with County Planning Director at 11am regarding Grand Wailea Resort! They are obtaining permits while in conversations with legal teams regarding desecration of large burial ground, recovery of iwi kupuna already desecrated & stored at some unknown location since 1986-1992. Where are they? #StopDesecration #IwiKupuna #AncientHawaiianBurialGround

  6. Dexter Kaiama and Stephen Laudig mahalo nui loa for your powerful defense. It gets more and more powerful in countering the claim of the opposition. As our beloved Liliuokalani told us, “Onipa`a”. Imua to justice. `Eo!

  7. Maybe it would be helpful for these “protected persons” under belligerent occupation to enlist the help of the International Committee of the Red Cross? Involvement of an International organization like this would be a substantial reminder to these Judges of their U.S. Treaty Obligations to the G&H conventions and protocols and not their own political question copout within their domestic politics of the United States.

  8. E ala e Newaka, wake up Nevada, the late Senator Francis Newlands was the author of the 1898 Newlands Resolution which falsely annexed the Hawaiian Kingdom. It is still to this day a violation of International Law and the U.S. Constitution. There are 15,000 na Poe Kanaka, Aloha Aina now living in the State of Nevada. Question? Is it possible to seek redress in the courts of Nevada, for the unlawful diaspora/dislocation and grievances imposed upon our citizens living in exile there, as a direct result of Senator Newlands unlawful actions? Pls. note, per the U.S. constitution and International law, as a signatory, the U.S. can not acquire territory beyond it’s continental borders as is the case of Hawaii. A joint resolution of Congress is not a treaty, and lacks any lawful U.S. acquirement of our Aina homeland. Pls. note: there are 49 States in the U.S. Union that were acquired via a treaty of Annexation or Cession. Hawaii is not one of them. Mahalo Dexter Kaiama and Stephen Laudig for all your hard work. Me ke Aloha Aina mau.

      • Treaty by Mexico (1848): States of California, Nevada, Utah, parts of Wyoming, parts of Colorado, parts of Kansas, Arizona, New Mexico, parts of Oklahoma, and Texas (the 1845 Congressional joint resolution admitting Texas as a State into the Union did not incorporate Texas territory, but rather sparked the Mexican-American War where Texan territory was acquired by the 1848 treaty that ended the war).

        The U.S. Constitution does not and never did enumerate Congress with the power to annex foreign territory. It can only admit States. End of story.

  9. Nice try! Ashwander rules dictate judicial restraint so when one avails themselves of the benefits of a US citizen, the courts are precluded from ruling on the defense matter because congress provides privileges and benefits domestically while the executive deals with foreign affairs. Rather denounce the US citizen status in contract and stand in your correct deportment as a Hawaiian National for the UN convention on civil and political rights is non-self executing as a right reserved by the US Senate. You cannot keep one foot in each canoe and expect not to be separated from your inheritance. Whose the protectorate?

  10. shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common.FKING SAD they was told that one day this was going to come back and bite them both in the ass sneaky bastards

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