Ambassador Sai’s Presentation to the Swiss Diplomats-Zurich Network Well Received

Posted on November 25, 2013 by Hawaiian Kingdom

On November 11, 2013, Dr. David Keanu Sai, as Ambassador-at-large for the acting government of the Hawaiian Kingdom, was invited by the Swiss Diplomats-Zurich Network to present on the status of the Hawaiian Kingdom at the University of Zurich. Dr. Sai was received and introduced as the Ambassador-at-large of the Hawaiian Kingdom with all the diplomatic protocol and etiquette.

The program began promptly at 6:30 pm with an introduction by Dr. Max Schweizer, Executive Director of the Swiss Diplomats-Zurich Network, welcoming everyone in attendance, which included former Swiss Ambassadors and Diplomats, students from the University of Zurich’s Center of Foreign Affairs & Applied Diplomacy, as well as people from the public sector. Dr. Schweizer is Head of the Center of Foreign Affairs & Applied Diplomacy that trains future diplomats from Switzerland and other foreign countries. Dr. Schweizer also introduced Maximilian Stern, Executive Director of foraus, a think-tank for Swiss Foreign Policy, which co-sponsored the event.

At 6:40 pm Professor Niklaus Schweizer, a former Honorary Swiss Consul and current member of the Swiss Diplomats-Zurich Network, provided a short presentation on the historical background of Swiss-Hawaiian relations. Professor Schweizer is also a faculty member at the University of Hawai‘i at Manoa and teaches a college course titled Europeans in the Pacific. Professor Schweizer also provided an incredible link from Huldrych Zwingli (1484-1531), who was a religious leader of the Reformation in Zurich, to John Calvin (1509-1564) who was part of the Reform in Geneva, Switzerland, to the Calvinist missionaries from the United States that arrived on the island of Hawai‘i in 1820. His presentation ended by stating there is a lot more history to Hawai‘i than Waikiki and tourism.

Dr. Sai then followed with his power point presentation Hawai‘i: An American State or a State under American Occupation. The presentation covered the legal and political history of the Hawaiian Kingdom; its treaty with Switzerland, the illegal overthrow; the ensuing illegal and prolonged occupation by the United States; the Protest and Demand filed with the United Nations General Assembly; the Referral filed with the International Criminal Court; the Application Instituting Proceedings at the International Court of Justice with Switzerland named as a defendant; and the ongoing commission of war crimes. A panel discussion immediately followed the presentation.

The panel was comprised of Dr. Sai, Professor Schweizer and Dr. Christian Blickenstorfer, who is President of the Swiss Diplomats-Zurich Network as well as former Swiss Ambassador to the United States, Saudi Arabia, United Arab Emirates, Oman, Yemen, and Germany. Dr. Schweizer moderated the panel. Dr. Blickenstorfer stated that when he visited the Hawaiian Islands while Ambassador to the United States, he clearly saw two versions of the Hawaiian Islands that he didn’t expect. First was the perception that Hawai‘i was the 50^th State of the United States and the other was a kingdom with a Palace and the Royal Hawaiian Band. He clearly didn’t understand the distinction until Dr. Sai’s presentation, which he said was very informative and clear. Dr. Schweizer then asked Dr. Sai about his position as Ambassador-at-large and if he could explain to the audience his position and how he was appointed. Dr. Sai responded with a short narrative of how the acting government was established in 1996 utilizing laws of the Hawaiian Kingdom as it existed before the occupation in the provisional and temporary establishment of a Regency that was provided for under the Hawaiian constitution under the legal doctrine of necessity. The panelists and audience understood the application of the doctrine of necessity as it applies to government.

Questions were then taken from the audience that centered on the economy of the Hawaiian Kingdom and how would it look like during and after the occupation ends. Another question was by a Swiss Human Rights activist asking for Dr. Sai’s response to actions taken by Mr. Leon Siu who is trying to get Hawai‘i listed on the United Nations list of colonies in order for Hawai‘i to be de-colonized. She explained that Mr. Siu stated to her that all it takes is one country to support Hawai‘i’s listing, and she asked Dr. Sai for his thoughts or whether or not Switzerland could be that country. Dr. Sai’s responded that it was not the appropriate action to be taken regarding Hawai‘i’s occupation, because to say that Hawai‘i is a colony of the United States is to imply that Hawai‘i is not an already existing sovereign, but occupied, State. He explained that de-colonization is the process of self-determination where the population of a colony will decide whether it wants one of three options; first, to be an independent and sovereign State; second, a status of free association with the former colonizer; or, third, total incorporation into the sovereignty of the colonizer. Because Hawai‘i’s government was illegally overthrown by the United States, does not mean Hawai‘i became a U.S. colony. The diplomats in the audience understood Dr. Sai’s response and agreed that de-colonization is not the process because the issue is State continuity and not the creation of State.

After the panel there was time for everyone to have some wine and to mingle. Dr. Sai was soon surrounded by the diplomatic students who were from Russia, France, Switzerland and Spain. The students from Russia, in particular, wanted a picture taken with Dr. Sai. There were specific questions from the students regarding economic trade between the Hawaiian Kingdom and European countries and how would that would look like. Dr. Sai explained that the treaties are still in force and that Hawaiian law provides for free trade. What resonated among the students and the diplomats was the clear understanding that the Hawaiian State would still exist under international law, despite its government being illegal overthrown. This was the basis for the Hawaiian Kingdom’s continued existence and the formation of the acting government.

The evening ended with a dinner in Dr. Sai’s honor at Kantorei restaurant, which was walking distance from the university. The senior officers of the Swiss Diplomats-Zurich Network’s Executive Committee hosted the dinner. The diplomats and officers of the Swiss Diplomats-Zurich Network gave their support to the actions taken by the acting government and wished it well as it proceeds towards the path of de-occupation. What was conveyed to Dr. Sai, as they walked to the restaurant, was how logical a path the acting government has taken in light of a prolonged occupation. What was especially welcomed to these diplomats was the focus on re-education at the collegiate and secondary levels, as well as the community at large.

The next day Dr. Sai was given a message from one of the former Swiss ambassadors in attendance at the presentation the night before, where he wanted to convey to Ambassador Sai that he is a “very good diplomat.” Dr. Sai asked the individual who delivered the message if that was a compliment. His response to Dr. Sai was absolutely, especially coming from another Ambassador who was a seasoned diplomat.

Registrar of the International Court of Justice Acknowledges Hawaiian Complaint But Won’t Take Action Until Hawaiian Kingdom Covers Court Expenses

Posted on November 7, 2013 by Hawaiian Kingdom

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The International Court of Justice is one of three principal organs of the United Nations together with the General Assembly and the Security Council. It is located in the city of The Hague, Netherlands, and sits within the Peace Palace along with the Permanent Court of Arbitration. According to its website, “The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court is composed of 15 judges who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.”

Only States, which are independent countries, can initiate legal proceedings against other States for violations of international law. The ICJ, however, is also open for States which are not members of the United Nations. Switzerland did not become a member of the United Nations until 2002 but initiated legal proceedings with the ICJ in 1957 as a non-Member State against the United States of America. The case lasted for 2 years and final judgment was entered on March 21, 1959 in favor of the United States, whereby the subject of the international dispute, being a Swiss corporation, has not exhausted its local remedies against the United States, therefore making the complaint against the United States premature.

If a private individual or group attempts to file an Application Instituting Proceedings against a State with the ICJ, the Registrar does not acknowledge receipt of the Application, but rather sends a template letter, either by mail or email, that states:

Dear ___,

In reply to your email or mail, I have to inform you that the International Court of Justice is not authorized, in view of its functions strictly defined by its Statute (Article 34) and Rules, to give advice or make observations on questions such as those raised in your communication.

The Court’s activities are limited to rendering judgments in legal disputes between States submitted to it by the States themselves and giving advisory opinions when it is so requested by UN organs or specialized agencies of the UN system.

It follows that neither the Court nor its Members can consider applications from private individual or groups, provide them with legal advice or assist them in their relations with the authorities of any country.

That being so, you will, I am sure, understand that, to my regret, no action can be taken on your communication.

Yours faithfully,

Département de l’information | Information Department – Cour internationale de Justice | International Court of Justice

The Registrar of the ICJ, Philippe Couvreur, serves in similar fashion to a Clerk of a Court that receives and file stamps civil and criminal complaints. The Registrar’s duty is to ensure that the party filing an Application (Complaint) is a State, whether a member or non-member of the United Nations, and that it meets the compliance provided for in the Statute and Rules of the ICJ. Once it meets the requirements and before it is submitted to the Judges, the Application must be translated by the Registrar’s office into both the English and French languages, a bilingual version of the State’s Application must be printed and a copy sent to the Secretary General of the United Nations and other States who have access to the ICJ, the case must be listed on the ICJ General List, and a press release must be sent to the media announcing the filing of the Application.

In order for the Registrar to complete these tasks he has a staff that includes a Deputy Registrar, a Legal Matters Department, a Linguistic Matters Department, an Information Department and 5 Technical Divisions comprised of Finance, Publications, Information and Communications Technology, Archives-Indexing and Distribution, and Text Processing and Reproduction. The funding of the ICJ is a portion drawn from the Regular Budget of the United Nations. The 2013 Regular Budget of the United Nations was $5.2 billion US dollars, and the proportionate budget for the ICJ was $47.7 million US dollars, which pays for these tasks to be completed by the Registrar’s office before the Court can take any action. If the State is a non-Member of the United Nations, it would have to contribute to cover the expenses of the Registrar’s office and Judges before the Court can taken any action. Article 35, paragraph 3 of the Statute of the ICJ states “When a state which is not a Member of the United Nations is a party to a case, the Court shall fix the amount which that party is to contribute towards the expenses of the Court. This provision shall not apply if such state is bearing a share of the expenses of the Court.”

On September 25, 2013, the Hawaiian Kingdom submitted to the Registrar of the International Court of Justice an “Application Instituting Proceedings” against 45 States for treaty violations and violations of international law. In addition, a “Request for the Indication of Provisional Measures of Protection” was also submitted requesting the Court to issue an order compelling the 45 States named in the complaint to no longer recognize the United States presence in Hawai‘i as legal. The Hawaiian Kingdom had previously deposited its declaration accepting jurisdiction of the International Court of Justice with the Secretary General of the United Nations on September 6, 2013 in accordance with Article 36 of the Statute of the Court.

The Registrar’s office was very reluctant to acknowledge receipt of the Hawaiian Kingdom’s Application because it was under the assumption that the Hawaiian Kingdom was not an independent State but rather a part of the United States of America. In fact, it received the template letter from the ICJ before the Agent for the Hawaiian Kingdom, Dr. David Keanu Sai, departed for the Netherlands to file the Application. While at The Hague, however, events transpired at the Peace Palace whereby the Registrar’s office was unable to deny the Hawaiian Kingdom’s status as a State and the Application was accepted by the personal assistant to the Registrar of the ICJ.

As a non-Member State of the United Nations, the Hawaiian Kingdom is responsible for covering the expenses of the Court as required under Article 35 of the Statute and, without providing its share to cover these costs, the Registrar’s office would not be able translate the Application into the French language and print out a bilingual version of the Application for the other States named in the Application, the Judges of the ICJ and the Secretary General of the United Nations. In other words, the Court cannot take any action on the case until the matter of costs is settled.

In order to address these costs, the Hawaiian Kingdom submitted a formal request on October 16, 2013 to have the President of the International Court of Justice convene the other Judges of the Court to fix the amount, which the Hawaiian Kingdom is to contribute towards the expenses of the Court. The paradox to this request is that for the President to convene the Court in order to determine the amount the Hawaiian Kingdom is to contribute, there would be an expense for the Court to convene which the Hawaiian Kingdom was to pay beforehand.

In a letter to the Hawaiian Kingdom from the International Court of Justice dated October 18, 2013, the Registrar formally acknowledged receipt of the Hawaiian Kingdom’s Application and Request for Interim Measures of Protection but stated the Court cannot take action at this time. In the letter, the Registrar alluded to this paradox by stating the Court can take no action and made specific reference to Article 35, which addresses the costs that must be paid by the Hawaiian Kingdom first. The last sentence of Article 35, paragraph 3, states the Court would not have to convene if the Hawaiian Kingdom provided its share to cover the expenses of the Court.

On September 28, 2013, the Hawaiian Kingdom provided a cashier’s check made out to the International Court of Justice to cover the expenses of the Court in the Hawaiian case. The Hawaiian Kingdom arrived at this amount by following the calculations used by the United Nations for member States to contribute their share to the 2013 Regular Budget, which included the proportionate share to the International Court of Justice.

After further thought on the matter, the Hawaiian Kingdom concluded that the United States of America has already paid its share to the Court for 2013. The United Nations measurement of costs incurred by member States is based on the country’s gross national income (GNI), which is also called the gross nation product (GNP). The United States has unlawfully seized control of the Hawaiian GNI and a large portion of the United States revenue derives from Internal Revenue Service (IRS) taxes. In 2012, the IRS collected $2.2 trillion dollars, of which residents and businesses in the Hawaiian Islands paid $5.1 billion dollars. As an occupier, the United States cannot collect taxes in a foreign country for its own benefit, and if it does it is called plundering. Unlawful appropriation of private property is plundering and extensive appropriation of property, not justified by military necessity and carried out unlawfully and wantonly, is a war crime. In other words, the United States’ contribution of $618.5 million made to the United Nations 2013 Regular Budget, of which $5.7 million went to the International Court of Justice, is tainted with stolen property from the residents of an illegally occupied State.

On November 4, 2013, the Hawaiian Kingdom notified the Registrar of the severity of the situation. In its notice to the Registrar, the Hawaiian Kingdom stated that due to the “inability at the moment to have access to verifiable data and sources to arrive at a specific amount it could claim from the United States contribution to the International Court of Justice of its proportionate share pursuant to Article 35, the Hawaiian Kingdom requests Your Excellency to assess from the United States’ contribution of $5,710,018.66, which the Court has already received, and determine with verifiable data the specific amount of illegally appropriated monies derived from the territory of the Hawaiian Kingdom and to place that entire amount in an interest bearing account under the International Court of Justice for reparations that the Hawaiian Kingdom seeks as provided in paragraph 4(l) of its Application.” The Hawaiian Kingdom maintained that the contribution it provided to the Court on September 28 should cover the expenses required by Article 35 of the Statute.

Establishing an Acting Government – The Doctrine of Necessity

Posted on October 8, 2013 by Hawaiian Kingdom

In 1995, the dominant view of sovereignty was centered on ethnicity—the aboriginal (native) Hawaiian, and, as a people, its endeavor was to achieve either sovereignty through independence or a limited sovereignty within the United States. In other words, sovereignty was not a reality vested in an already established independent State as we now understand the term, but rather it was perceived as a political aspiration of a native people seeking sovereignty, thus giving rise to a sovereignty movement where you have some groups advocating for independence from the United States, while other groups advocating for limited sovereignty under United States law. The United States 1993 Congressional Apology Resolution for the overthrow of the Hawaiian Kingdom government merely reinforced this view and portrayed native Hawaiians as a group similar to Native Americans. This was not an accurate portrayal of Hawai‘i’s political and legal history.

According to the government census in 1890, the majority of the Hawaiian Kingdom’s citizenry were aboriginal Hawaiians at 86% and the remaining 14% were non-aboriginal. The Hawaiian Kingdom was not based on ethnicity, but rather the rule of law, and the citizenry was also opened through naturallization and denization or through birth on Hawaiian territory – natural born. The international law of occupation, however, prevents the acquisition of the citizenship of the Hawaiian Kingdom through birth on Hawaiian territory, and limits the acquisition of Hawaiian citizenship to parentage. In other words, the citizenry of the Hawaiian Kingdom today is limited to people who are direct descendants of Hawaiian subjects, irrespective of their race, color or creed, that were Hawaiian subjects on August 12, 1898, which was the beginning of the prolonged occupation.

Already armed with the knowledge that the Hawaiian Kingdom was a recognized State under international law since November 28, 1843, and that the unlawful overthrow of the Hawaiian government on January 17, 1893 by the United States did not equate to an overthrow of Hawaiian State sovereignty, extraordinary steps were taken in order to establish an acting government through a process provided for by Hawaiian Kingdom law as it existed in 1893, and by the legal doctrine of necessity. On December 15, 1995, a general partnership was formed under the 1880 Act to Provide for the Registration of Co-partnership Firms with the specific purpose to serve as an acting government in the absence of the monarch who was the chief executive of Hawaiian law and administration of government. A plan was devised to activate a regent under Article 33 of the Hawaiian Constitution to temporarily serve in the absence of a monarch, because to claim to be a monarch would be a direct violation of Hawaiian law. Since the death of Prince Kuhio Kalaniana‘ole in 1922, the last proclaimed heir to the throne prior to the illegal overthrow of the Hawaiian government, only the Legislative Assembly has the authority under Article 22 of the Hawaiian Constitution to elect by ballot a new monarch—any other claimant would be self-proclaimed. Lunalilo was elected King by the Legislative Assembly under Article 22 of the Constitution on January 8, 1873 because King Kamehameha V was not able to confirm an heir under Hawaiian law, and the following year, David Kalakaua was elected King under Article 22 because King Lunalilo was not able to confirm an heir as well. A regency was the only legal option to reactivate the government.

According to the Co-partnership Act, Hawaiian Kingdom law required partnership agreements to be recorded in the Bureau of Conveyances as part of the registration process with the Minister of Interior. Today, the Bureau of Conveyances still exists and you will find partnership agreements that have been registered since 1880 to 1893. In fact, the State of Hawai‘i governmental infrastructure is the governmental infrastructure of the Hawaiian Kingdom. All that was changed since 1893 were the titles and additional departments, i.e. Monarch to Governor, Governors to Mayors, Department of Interior to Department of Land and Natural Resources, Department of Finance to Department of Accounting and General Services, Department of Education remained, Attorney General remained, Judicial Circuits remained, etc.

In its co-partnership agreement establishing the Hawaiian Kingdom Trust Company, which was recorded in the Bureau of Conveyances and assigned document no. 96-000263, the partnership agreement specifically states the “company will serve in the capacity of acting for and on behalf the Hawaiian Kingdom government.” It also provided that the “company has adopted the Hawaiian constitution of 1864 and the laws lawfully established in the administration of the same.” The Hawaiian Kingdom Trust Company was specifically established to regulate and ensure that Perfect Title Company, another co-partnership established on December 10, 1995, comply with the Co-partnership Act and Hawaiian Kingdom law.

The acting government was not established by virtue of Hawaiian Kingdom law, but rather by virtue of the legal doctrine of necessity though the use and application of Hawaiian Kingdom law. As in any constitutional government, there is an organizational infrastructure established under the constitution and laws that provides for its effective administration. Within this infrastructure, co-partnerships come under the direct supervision of the office of the Minister of the Interior; the Minister of the Interior sits on the Cabinet Council comprised of the Minister of Finance, the Minister of Foreign Affairs, and the Attorney General; and the Cabinet Council serves as a Council of Regency who serves in the absence of a monarch according to Article 33 of the Hawaiian constitution.

In the absence of individuals occupying these offices established by Hawaiian law since January 17, 1893, the Trustees of the Hawaiian Kingdom Trust Company took the necessary steps, under extraordinary circumstances and under the doctrine of necessity, to assume the offices directly in line from a co-partnership through the Minister of the Interior to the Council of Regency. This is analogous to a soldier with the rank of Private assuming the chain of command to Lieutenant, because everyone within the chain of command from Corporal to Sergeant to Staff Sergeant to Lieutenant were killed in action. Under Army regulations the most senior Private is obligated to assume the chain of command and is called acting Lieutenant in order to maintain the command structure. He remains the acting Lieutenant until a properly commissioned officer relieves him and then he returns to his original position as Private.

For a private company to assume the role of government is revolutionary, but in order for this action to not be considered treason, the doctrine of necessity can be used to justify the assumption of government. According to Professor de Smith in his book Constitutional and Administrative Law, deviations from a State’s constitutional order “can be justified on grounds of necessity.” He argues, “State necessity has been judicially accepted in recent years as a legal justification for ostensibly unconstitutional action to fill a vacuum arising within the constitutional order [and to] this extent it has been recognized as an implied exception to the letter of the constitution.” In 1986, the Court of Appeals of Grenada in Mitchell v. Director of Public Prosecutions, addressed the doctrine of necessity and provided the following conditions that would justify an action to assume the role of government.

An imperative necessity must arise because of the existence of exceptional circumstances not provided for in the Constitution, for immediate action to be taken to protect or preserve some vital function of the State;
There must be no other course of action reasonably available;
Any such action must be reasonably necessary in the interest of peace, order, and good government; but it must not do more than is necessary or legislate beyond that;
It must not impair the just rights of citizens under the Constitution; and,
It must not be one the sole effect and intention of which is to consolidate or strengthen the revolution as such.

On March 1, 1996, the Trustees appointed David Keanu Sai, who later received his Ph.D. in 2008, to serve in the capacity as acting Regent to head the government. Dr. Sai is also the maternal great grandson of William Kuakini Simerson and the paternal great great grandson of Julia Kapapakuialii Kalaninuipoaimoku, both of whom who was confirmed by the Hawaiian Board of Genealogists of Hawaiian Chiefs to be “native chiefs” in conformity with the 1880 Act to Perpetuate the Genealogy of the Chiefs of Hawai‘i. The purpose of enacting the statute was provided in its preamble, which states:

Whereas, it is provided by the 22d article of the Constitution that the Kings of Hawai‘i shall be chosen from the native chiefs of the Kingdom;
And Whereas, at the present day it is difficult to ascertain who are the chiefs, as contemplated by said article of the Constitution, and it is proper that such genealogies of the Kingdom be perpetuated, and also the history of the chiefs and kings from ancient times down to the present day, which would also be a guide to the King in the appointment of Nobles in the Legislative Assembly

The Board of Genealogy of Hawaiian Chiefs was established by law to “collect from genealogical books, and from the knowledge of old people the history and genealogy of the Hawaiian chiefs, and shall publish a book.” As a result of the illegal overthrow of the Hawaiian government, however, the Board published the genealogies of native chiefs living at the time between April 20 and November 30, 1896 in the newspaper publication Ka Maka‘ainana.

After assuming the role of government, the acting Regency had to display some form of legal effects, which is a crucial element of legitimacy. In order for a government to be legitimate, it has to be effective both within its territory to enforce its laws and outside of its territory to enforce international law. An exception to the principle of effectiveness is the occupation by another State’s forces. According to Professor Marek in her book Identity and Continuity of States in Public International Law, “the legal order of the occupant (State) is…strictly subject to the principle of effectiveness, while the legal order of the occupied State continues to exist [despite] the absence of effectiveness. It can produce legal effects outside the occupied territory and may develop and expand, not by reason of its effectiveness, but solely on the basis of the positive international rule safeguarding its continuity.”

The first instance of exhibiting legal effects outside the occupied territory occurred when the acting government entered into an arbitration agreement with Lance Larsen, a Hawaiian national, to submit their dispute to the Permanent Court of Arbitration in The Hague, Netherlands. In 2001, the American Journal of International Law reported:

“At the center of the PCA proceeding was the argument that Hawaiians never directly relinquished to the United States their claim of inherent sovereignty either as a people or over their national lands, and accordingly that the Hawaiian Kingdom continues to exist and that the Hawaiian Council of Regency (representing the Hawaiian Kingdom) is legally responsible under international law for the protection of Hawaiian subjects, including the claimant. In other words, the Hawaiian Kingdom was legally obligated to protect Larsen from the United States’ ‘unlawful imposition [over him] of [its] municipal laws’ through its political subdivision, the State of Hawaii. As a result of this responsibility, Larsen submitted, the Hawaiian Council of Regency should be liable for any international law violations that the United States committed against him.”

The arbitral proceedings led to the United States de facto recognition of the continuity of the Hawaiian Kingdom as an independent State, and the acting government as officers de facto of the Hawaiian Kingdom. In February 2000, the Permanent Court of Arbitration’s Secretary General Tjaco T. van den Hout recommended that the acting government provide a formal invitation to the United States to join in the arbitration. In order to carry out this request by the Secretary General, Dr. Sai was sent to Washington, D.C. Ms. Ninia Parks, attorney for the Claimant Lance Larsen, accompanied Dr. Sai. On March 3, 2000, a telephone meeting with John R. Crook, Assistant Legal Adviser for United Nations Affairs section of the US Department of State, was held. It was stated to Mr. Crook that the “visit was to provide these documents to the Legal Department of the U.S. Department of State in order for the U.S. Government to be apprised of the arbitral proceedings already in train and that the Hawaiian Kingdom, by consent of the Claimant, extends an opportunity for the United States to join in the arbitration as a party.”

Mr. Crook was made fully aware of the United States occupation of the Hawaiian Kingdom and the establishment of the acting government. This direct challenge to US sovereignty over the Hawaiian Islands should have prompted the United States to protest the action taken by the Permanent Court of Arbitration in accepting the Hawaiian arbitration case and call upon the Secretary General to cease and desist because this action constitutes a violation of US sovereignty. The United States did neither. Instead, Deputy Secretary General Phyllis Hamilton notified the acting government that the United States notified the Court that it will not join in the arbitration, but did request from the acting government permission to access all pleadings and transcripts of the case. Both the acting government and Larsen’s attorney consented. By this action, the United States directly acknowledged the circumstances of the proceedings and the acting government as the legitimate representation of the Hawaiian Kingdom before an international tribunal.

On December 12, 2000, the day after oral hearings were held at the Permanent Court of Arbitration, a meeting took place in Brussels between Dr. Jacques Bihozagara, Ambassador for the Republic of Rwanda assigned to Belgium, and the acting government. The meeting was prompted by Ambassador Bihozagara who called the acting government at its hotel in The Hague, after the Ambassador was apprised of the arbitration proceedings while he was attending a hearing at the International Court of Justice on December 8, 2000, Democratic Republic of the Congo v. Belgium. At the meeting in Brussels, the Rwandan government directly acknowledged the acting government and offered their assistance in reporting to the United Nations General Assembly the prolonged occupation of the Hawaiian Kingdom. In that meeting, the acting government decided it could not, in good conscience, accept the offer and place Rwanda in a position of reintroducing Hawaiian State continuity before the United Nations, when Hawai‘i’s community, itself, remained ignorant of Hawai‘i’s profound legal position as a result of institutionalized indoctrination. Although the Rwandan government took no action before the United Nations General Assembly, the offer itself, exhibited Rwanda’s de facto recognition of the acting government and the continuity of the Hawaiian State.

Other examples of creating legal effects on the international plane include:

China, as President of the UN Security Council, accepted a complaint by the acting government against the United States of America on July 5, 2001 under Article 35(2) of the United Nations Charter, which provides that States who are not members of the United Nations can file a dispute with the Security Council or General Assembly. By accepting the complaint, China recognized the acting government and the continuity of the Hawaiian Kingdom;
Qatar, as President of the UN General Assembly accepted a Protest and Demand by the acting government against 173 member States of the United Nations on August 10, 2012 under Article 35(2) of the UN Charter. By accepting the complaint, Qatar, recognized the acting government and the continuity of the Hawaiian Kingdom;
The International Criminal Court, by the Secretary General of the United Nations accepted the acting government accession to the Rome Statute of the International Criminal Court on December 10, 2012;
Switzerland, by its Foreign Ministry, accepted the acting government’s instrument of accession acceding to the Fourth Geneva Convention on January 14, 2013.
The International Court of Justice, by its Registrar, acknowledged receipt of the acting government’s Application Instituting Proceedings against 45 States on September 27, 2013.

The acting government, as nationals of an occupied State, took the necessary and extraordinary steps, by necessity and according to the laws of the Hawaiian Kingdom and international law, to reestablish the Hawaiian government in an acting capacity in order to exercise our country’s preeminent right to “self-preservation” that was deprived through fraud and deceit; and for the past 13 years the acting government has acquired a customary right under international law in representing the Hawaiian State during this prolonged and illegal occupation.

For a detailed legal brief download “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom.”

Lili‘uokalani Assignment: Temporary Transfer of Law Enforcement to the United States President

Posted on October 7, 2013 by Hawaiian Kingdom

Since the first constitution was promulgated by King Kamehameha III in 1840, constitutionalism had begun in the Hawaiian Islands. For the next 24 years, Hawaiian governance would be transformed from an absolute monarchy to a limited monarchy under the separation of powers doctrine under the headings of Executive power, Legislative power and Judicial power. This cornerstone of constitutionalism was eventually enshrined in the 1864 constitution.

ARTICLE 20. The Supreme Power of the Kingdom in its exercise, is divided into the Executive, Legislative, and Judicial; these shall always be preserved distinct, and no Judge of a Court of Record shall ever be a member of the Legislative Assembly.
ARTICLE 31. The person of the King is inviolable and sacred. His Ministers are responsible. To the King belongs the Executive power. All laws that have passed the Legislative Assembly, shall require His Majesty’s signature in order to their validity.
ARTICLE 45. The Legislative power of the Three Estates of this Kingdom is vested in the King, and the Legislative Assembly; which Assembly shall consist of the Nobles appointed by the King, and of the Representatives of the People, sitting together.
ARTICLE 64. The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such Inferior Courts as the Legislature may, from time to time, establish.

In 1893, Queen Lili‘uokalani was constitutionally vested with the Executive power under Article 31, which is the power to execute laws enacted by the Legislature, which included the Civil and Criminal Codes, and to enforce judicial decisions made by the Courts. This authority, however, was interrupted when United States troops were unlawfully landed by order of the United States Minister John Stevens on January 16, 1893, in order to protect insurgents who, as part of a prearranged plan, would declare themselves to be a provisional government until annexation to the United States can be accomplished by a treaty of cession.

Over the protests by Oahu Governor Archibald Cleghorn and the Minister of Foreign Affairs Samuel Parker, the US troops were fully armed and occupied a small space between two buildings adjacent to the Government building on Mililani Street and fronting Iolani Palace, which was across King Street. If the police moved in to apprehend the insurgents for committing the capital crime of treason they would have to first deal with the US troops who were prepared for a fight. This situation quickly escalated from a domestic police matter to now an international incident that could spark a war between the Hawaiian Kingdom and the United States. Upon the sound advice of her advisors, Queen Lili‘uokalani provided the following protest.

The yielding of her power to enforce the law was limited to the the Queen’s constitutional authority enumerated under Article 31 of the Hawaiian constitution. It was not a transfer of the sovereignty of the country, and it was limited and confined to the circumstances of the invasion by US troops to aid and protect insurgents from arrest by the police force. It was made with the understanding of the Hawaiian government that the President would investigate the circumstances and restore the government.

If the United States was in complete control of Hawaiian territory as an occupying force it would, by circumstance, be vested with authority to enforce Hawaiian law under the international laws of occupation, and would not need the Queen to have temporarily assigned her power to enforce Hawaiian law to make it valid. But this was not the case. The US troops were illegally landed on January 16, 1893 and maintained a defensive position limited to a small space between two buildings called Opera House and Arion Hall that was situated on Mililani Street adjacent to the Government building. On January 31, 1893, lead insurgent Sanford Dole of the provisional government was concerned for their safety and requested US Minister Stevens for protection. Dole stated, “Believing that we are unable to satisfactory protect life and property, and to prevent civil disorders in Honolulu and throughout the Hawaiian Islands, we hereby, in obedience to the instructions of the advisory council, pray that you will raise the flag of the United States of America for the protection of the Hawaiian Islands for the time being.” The following day on February 1, 1893, US Minister Stevens directed Captain Wiltse of the USS Boston to comply with the request and take the necessary steps to establish a US protectorate.

On March 9, 1893, President Cleveland acknowledged receipt of the temporary assignment and thereafter took the necessary steps to investigate the overthrow by appointing James Blount as special commissioner on March 11, 1893. The protectorate status was terminated when US Special Commissioner Blount arrived in Honolulu on March 29, 1893 and began his investigation by direction of President Cleveland. Blount sent periodic reports to Secretary of State Walter Gresham in Washington, D.C., with his final report submitted on July 17, 1893.

The investigation was completed on October 18, 1893, where Secretary of State Gresham stated to the President, “The Government of Hawaii surrendered its authority under a threat of war, until such time only as the Government of the United States, upon the facts being presented to it, should reinstate the constitutional sovereign.” Gresham concluded in his report to the President, “Should not the great wrong done to a feeble but independent State by an abuse of the authority of the United States be undone by restoring the legitimate government? Anything short of that will not, I respectfully submit, satisfy the demands of justice.” The President agreed and directed the new US Minister Albert Willis to negotiate with the Queen for restoration of the government, which led to the executive agreement of restoration on December 18, 1893. Because the Agreement of restoration has not been carried out since, the United States is still bound to administer Hawaiian law under the Lili‘uokalani assignment as well as the international laws of occupation.

Hawai‘i’s Place In International Law – The International Court of Justice

Posted on September 30, 2013 by Hawaiian Kingdom

Hawaiian Kingdom files Application Instituting Proceedings at the International Court of Justice

Posted on September 27, 2013 by Hawaiian Kingdom

THE HAGUE, NETHERLANDS, 27 September 2013 — The acting Government of the Hawaiian Kingdom filed with the Registrar of the International Court of Justice an Application Instituting Proceedings against the Republic of Austria, Barbados, the Kingdom of Belgium, the Republic of Botswana, the Republic of Bulgaria, the Republic of Costa Rica, the Republic of Côte d’Ivoire, Democratic Republic of the Congo, the Kingdom of Denmark, the Republic of Djibouti, the Commonwealth of Dominica, the Dominican Republic, the Arab Republic of Egypt, the Republic of Finland, Gambia, Georgia, the Hellenic Republic of Greece, the Republic of Guinea, the Republic of Guinea-Bissau, the Republic of Haiti, the Republic of Honduras, the Republic of Ireland, the Republic of Kenya, the Kingdom of Lesotho, the Republic of Liberia, the Grand Duchy of Luxembourg, the Republic of Madagascar, the Republic of Malawi, the Republic of the Marshall Islands, the United Mexican States, the Kingdom of the Netherlands, the Kingdom of Norway, the Islamic Republic of Pakistan, the Republic of Paraguay, the Republic of Peru, the Republic of Senegal, the Republic of South Sudan, the Republic of Suriname, the Kingdom of Swaziland, the Kingdom of Sweden, the Swiss Confederation, the Democratic Republic of Timor-Leste, the Togolese Republic, the Republic of Uganda, and the Oriental Republic of Uruguay for treaty violations and serious breaches of peremptory norms. Austria, Belgium, Denmark, Netherlands, Norway, Sweden, and Switzerland have treaties with the Hawaiian Kingdom. All (45) States have accepted the jurisdiction of the Court beforehand, including the Hawaiian Kingdom.

The filing of the Application is directly tied to the Hawaiian Kingdom’s Protest and Demand filed with the President of the United Nations General Assembly on August 10, 2012. The Application is seeking enforcement of the Hawaiian Kingdom’s Demand that States comply with their treaty obligations and obligations under customary international law.

Also submitted with the Application was a Request for the Indication of Provisional Measures of Protection. The request states the “fact that serious breaches of rules of jus cogens have been ongoing for over a century only amplifies the urgent request that the Court indicate provisional measures to protect and preserve the rights of the Hawaiian Kingdom.” The Court is requested to declare that:

a) All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, are under an obligation:

1) to recognize the illegality and invalidity of the United States of America’s continued presence in the Hawaiian Kingdom;

2) to refrain from lending any support or any form of assistance to the United States of America with reference to its illegal occupation of the Hawaiian Kingdom;

3) to abstain from entering into treaty relations with the United States of America in all cases whereby the government of the United States of America purports to act on behalf of or concerning the Hawaiian Kingdom;

4) to abstain from sending consular agents to the territory of the Hawaiian Kingdom, purportedly under arrangements and/or agreements with the United States of America, and to withdraw any such agents already there;

5) to abstain from entering into economic, military and any other form of relationship or dealing with the United States of America on behalf of or concerning the Hawaiian Kingdom, which may entrench its authority over the territory;

b) With respect to existing bilateral treaties, member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, must abstain from invoking or applying those treaties or provisions of treaties concluded by the United States of America on behalf of or concerning the Hawaiian Kingdom, which include and/or involve active intergovernmental co-operation.

c) With respect to multilateral treaties, however, the same rule cannot be applied to certain general conventions such as those of a humanitarian character, the non-performance of which may adversely affect the people of the Hawaiian Kingdom;

d) All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, should not result in depriving the people of the Hawaiian Kingdom of any advantages derived from international co-operation. In particular, while official acts performed by the Government of the United States of America on behalf of or concerning the Hawaiian Kingdom since the occupation began on 12 August 1898 are illegal and invalid, this invalidity cannot be extended to those acts, such as, for instance, the registration of births, deaths and marriages, the effects of which can be ignored only to the detriment of the inhabitants of the Territory.

e) With respect to non-member States of the United Nations, the illegality of the United States of America’s presence in the Hawaiian Kingdom is opposable to all States in the sense of barring erga omnes the legality of a situation which is maintained in violation of international law: in particular, no State which enters into relations with the United States of America concerning the Hawaiian Kingdom may expect the United Nations or its Members to recognize the validity or effects of such relationship, or of the consequences thereof.

The acting Government of the Hawaiian Kingdom designated David Keanu Sai, Ph.D., its Ambassador-at-large, as Agent for these proceedings, and Dexter Ke‘eaumoku Ka‘iama, Esq., its Attorney General, as Deputy Agent. Dr. Sai served as lead Agent for the Hawaiian Kingdom in Larsen v. Hawaiian Kingdom (1999-2001) and presented oral arguments at the Peace Palace on December 7, 8, and 11, 2000. Members of the arbitral tribunal included Professor James Crawford, SC, as presiding arbitrator, with Mr. Gavan Griffith, QC, and Professor Christopher Greenwood, QC, serving as associate arbitrators. Professor Greenwood is now a Judge of the International Court of Justice. Both the Permanent Court of Arbitration and the International Court of Justice are located in the Peace Palace, The Hague, Netherlands.

While in The Hague, Dr. Sai also met with a member of the International Criminal Court’s Information & Evidence Unit at the Court’s headquarters to inquire into the status of the Hawaiian Kingdom’s Referral to initiate an investigation for war crimes. He confirmed that it is still under review and that the Office of the Prosecutor will be in communication shortly.

Dr. Keanu Sai to Present Hawai‘i’s Occupation to Swiss Diplomats in Zurich

Posted on September 11, 2013 by Hawaiian Kingdom

The Swiss Diplomats – Zurich Network has invited Dr. Keanu Sai to the city of Zurich to give a presentation on the prolonged and illegal occupation of the Hawaiian Kingdom. The title of Dr. Sai’s presentation is “Hawai‘i – An American State or a State Under American Occupation.” Professor Niklaus Schweizer, a former Swiss Consul for Hawai‘i and a professor at the University of Hawai‘i at Manoa, will be giving the introduction. After the presentation there will be a panel discussion comprised of Dr. Sai, Professor Schweizer, and former Swiss Ambassador to the United States and Germany, Dr. Christian Blickenstorfer. The presentation and panel is scheduled for Monday, November 11, 2013.

On July 20, 1864, the Hawaiian Kingdom entered into a Treaty of Friendship, Establishment and Commerce with Switzerland that established perpetual peace and reciprocal liberties. Article 1 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 are or may hereafter be treated, the citizens of other cantons. The Swiss shall enjoy in the Hawaiian Islands all the same rights as Hawaiians in Switzerland.” The treaty was negotiated on behalf of the Hawaiian Kingdom by Sir John Bowring, who was a Knight Bachelor of Great Britain and Commander of the Order of Leopold of Belgium. The Hawaiian-Swiss Treaty has not been terminated by either the Hawaiian Kingdom or the Swiss Confederation.

The Diplomatic Network is aware of the Hawaiian-Swiss Treaty, the Hawaiian arbitration, Larsen v. Hawaiian Kingdom, at the Permanent Court of Arbitration at the Hague, Netherlands, from 1999-2001, the Hawaiian complaint filed with the United Nations Security Council in 2001, and the Hawaiian protest and demand filed with the United Nations General Assembly in 2012. Dr. Sai served as lead agent in the arbitration proceedings and the filings with the United Nations.

German Federal Prosecutor Receives War Crime Complaint From Hawai‘i Attorney Against Deutsche Bank

Posted on September 3, 2013 by Hawaiian Kingdom

Yesterday, the German Federal Prosecutor received a war crime complaint filed by attorney Dexter Kaiama alleging the Management Board of Deutsche Bank, Judge Greg K. Nakamura, and Deutsche Bank attorneys Charles R. Prather, Sofia M. Hirosone, and Michael G.K. Wong committed criminal acts against his clients Mr. Kale Kepekaio Gumapac and Mr. Harris Bright, both being Hawaiian subjects and protected persons under the Fourth Geneva Convention, 1949. The basis of the complaint is Section 6(9) of the German Criminal Code, which authorizes the German government to prosecute crimes committed by a German abroad, the German Code of Crimes against International Law (CCAIL), and the 1879 Hawaiian-German Treaty of Friendship, Commerce and Navigation and Consular Convention. Deutsche Bank is a German financial institution headquartered in Frankfurt, Germany.

The complaint alleges that “Deutsche Bank, despite having no valid and legal interest in both of my clients’ property, has deliberately ignored pursuing its proper remedy for financial recovery, and instead, intentionally violated CCAIL (and international law) by initiating a fraudulent and unlawful court process to obtain unlawful orders to evict my clients from their property, thereby committing violations of the CCAIL.” In the complaint, it states that both clients mortgaged their properties that was eventually assigned to Deutsche Bank, but were unaware that their titles to their properties were defective as a direct result of the illegal overthrow of the Hawaiian government by the United States in 1893 and the United States subsequent illegal and prolonged occupation.

Laulima Title Search and Claims, LLC, a company owned by Gumapac, was contracted to investigate the title to both properties and determined “This claim involves a defect of title by virtue of an executive agreement entered into between President Grover Cleveland of the United States and Queen Lili‘uokalani of the Hawaiian Kingdom, whereby the President and his successors in office were and continue to be bound to faithfully execute Hawaiian Kingdom law by assignment of the Queen under threat of war on January 17th 1893. The notaries public in the Hawaiian Islands and the registrar of the Bureau of Conveyances were not lawful since January 17th 1893, and therefore title to the estate in fee-simple” defective, “because…the deed of conveyance was not lawfully executed in compliance with Hawaiian Kingdom law.”

Since a mortgage is a lien on the title to the property, a defect in title would consequently render the lien invalid, which would also invalidate any foreclosure and ejectment proceedings stemming from the mortgage. In order for lenders to protect themselves from this type of situation, they require the borrowers to purchase title insurance as a condition of the loan. Both Gumapac and Bright purchased title insurance while they were in escrow that covered the amount of the money each had borrowed. The complaint provides a definition of title insurance from Black’s Law dictionary as a “policy issued by a title company after searching the title, representing the state of that title and insuring the accuracy of its search against claims of title defects.” The complaint further states that title insurance is an “indemnity contract that does not guarantee the state of the title but covers loss incurred from a defect in land titles that would arise from an inaccurate title report.”

Both Gumapac and Bright each sent a letter with the evidence of the defect in title to Deutsche Bank, and called on “Deutsche Bank to cease the ejectment proceedings and to file an insurance claim under the lender’s title insurance policy.” Deutsche Bank refused to file the insurance claim and maintained the proceedings to evict Gumapac and Bright in the Third Circuit Court in Hilo.

Because Deutsche Bank refused to file the insurance claim, motions to dismiss with evidence were filed with the Third Circuit Court. The basis for the dismissals were that since Hawai‘i is under a prolonged and illegal occupation, the court, which is an American court, cannot claim to have authority in the Hawaiian Islands if Hawai‘i is not part of the United States. Despite having Judge Nakamura take judicial notice of the evidence and the attorneys for Deutsche Bank providing no counter evidence, Judge Nakamura denied the motion and eventually issued the orders for eviction. According to Kaiama, this is evidence of an unfair trial and pillaging because Deutsche Bank is attempting to seize property that they have no legal interest through a court that is illegal. Both unfair trial and pillaging are war crimes under Sections 8 and 9 of the German Code of Crimes against International Law.

On November 14, 2006, the Center for Constitutional Rights filed a war crime complaint with the German Federal Prosecutor against:

Former Secretary of Defense Donald Rumsfeld
Former CIA Director George Tenet
Undersecretary of Defense for Intelligence Dr. Stephen Cambone
Lieutenant General Ricardo Sanchez
Major General Walter Wojdakowski
Major General Geoffrey Miller
Colonel Thomas Pappas
Major General Barbara Fast
Colonel Marc Warren
Former Chief White House Counsel Alberto R. Gonzales
Former Assistant Attorney General Jay Bybee
Former Deputy Assistant Attorney General John Yoo
General Counsel of the Department of Defense William James Haynes, II
Vice President Chief Counsel David S. Addington

The complaint was filed under the same provisions of German law cited by Kaiama, but on April 27, 2007, the Federal Prosecutor announced she would not proceed to prosecute because in order for Germany to prosecute crimes committed abroad by foreigners against foreigners outside the country, there needs to be a domestic linkage. The defendants named in the complaint were not German, the victims were not German and there was no direct link to Germany. The Federal Prosecutor stated:

“The purpose of Sec. 153f StPO is to take account of the consequences for the German justice system arising from the applicability of universal jurisdiction. The view that the most consistent possible worldwide prosecution of violations of international criminal law should be ensured militates in favor of carrying out investigations. On the other hand, it is necessary to counteract the danger that complainants will seek out certain states as sites of prosecution—like Germany in this case—that have no direct connection with the acts complained of, simply because their criminal law is favorable to international law.”

Unlike the Rumsfeld complaint, the Hawaiian complaint has a “direct connection” to Deutsche Bank that is headquartered in the city of Frankfurt, Germany, and the German “prosecution of violations of international criminal law should be ensured militates in favor of carrying out investigations.” Kaiama has requested arrest warrants be issued for the following individuals:

Jürgen Fitschen, Co-Chief Executive Officer of Deutsche Bank
Anshu Jain, Co-Chief Executive Officer
Stefan Krause, Chief Financial Officer
Stephan Leithner, Chief Executive Officer Europe (except Germany and UK), Human Resources, Legal & Compliance, Government & Regulatory Affairs
Stuart Lewis, Chief Risk Officer
Rainer Neske, Head of Private and Business Clients, and
Henry Ritchotte, Chief Operating Officer
Greg K. Nakamura, Circuit Court Judge
Charles R. Prather, attorney for Deutsche Bank
Sofia M. Hirosone, attorney for Deutsche Bank
Michael G.K. Wong, attorney for Deutsche Bank

Kaiama also calls for those alleged defendants in Hawai‘i “be extradited to Germany for prosecution to the full extent of the law under the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition that has been in force since August 29, 1980.” Kaiama also requests “immediate formal action be taken by the office of the prosecutor to have Deutsche Bank cease and desist the impending actions of Lt. Patrick Kawai, State of Hawai‘i Department of Public Safety Sheriff’s Department, to include his superiors and his deputies, to remove my clients from their home.” Kawai has already been reported to the Philippine Government for the war crime of pillaging a Filipino citizen’s property in Kona, Island of Hawai‘i.

OHA Trustee Apoliona, among Others, Reported for War Crimes by Filipino Citizen

Posted on August 26, 2013 by Hawaiian Kingdom

KAILUA, O‘AHU, August 26, 2013 — On August 15, 2013, a complaint for war crimes was filed with the Philippine government on behalf of my client, Mrs. Maria Alma Pilapil, pursuant to Philippine Republic Act no. 9851 (2009), known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” with the Philippines Consulate in Honolulu. The complaint alleges that the war crimes of “unfair trial” and “pillaging” were committed against Mrs. Pilapil by Circuit Judge Ronald Ibarra, Bank of Hawai‘i officers and directors Peter M. Biggs, Sharon M. Crofts, Wayne Y. Hamano, Kent T. Lucien, Mark A. Rossi, Mary E. Sellers, Donna A. Tanoue, Haunani Apoliona, Mary G.F. Bitterman, Mark A. Burak, Michael J. Chun, Clinton R. Churchill, David A. Heenan, Peter S. Ho, Robert Huret, Martin Stein, Donald M. Takaki, Barbara J. Tanabe, Raymond P. Vara, Jr., Robert W. Wo, and Alton T. Kuioka. Also named in the complaint is Mitzi A. Lee, attorney for Bank of Hawai‘i, attorney Robert D.S. Kim, Kevin Shiraki, Jeannie Jorg Domingo, and Lieutenant Patrick Kawai of the State of Hawai‘i Department of Public Safety Sheriff’s Department, Hawai‘i Division, to include his superiors and deputies.

When Mrs. Pilapil, also known as Maria Alma Barbaso Schwartz, wife of Stephen Michael Schwartz, a U.S. citizen, took out a loan from Bank of Hawai‘i with her husband, Bank of Hawai‘i required the Schwartz’s to purchase a title insurance policy in the amount of the money borrowed, which was $1,499,999.00. The Schwartz’s paid a premium of $3,735.00 to Title Guaranty of Hawai‘i. Title insurance insures the accuracy of the title search done by Title Guaranty of Hawai‘i, and if the search is inaccurate and the title to the property is defective, the insurance pays off the balance of the loan. Evidence of a defect in title produced by Laulima Title Search and Claims, LLC, was provided to Bank of Hawai‘i, but it was willfully disregarded and the foreclosure proceedings continued.

A motion to dismiss was filed during the foreclosure proceedings based on evidence that the court is unlawful, under both international law and United States constitutional law, as a result of the United States illegal overthrow of the Hawaiian Kingdom government on January 17, 1893, and its prolonged and illegal occupation since the Spanish-American War in 1898. Mitzi Lee, attorney for Bank of Hawai‘i, provided no rebuttal evidence, and, without cause, Judge Ronald Ibarra denied the motion. This action constituted an “unfair trial” and a criminal complaint was filed with the Hawai‘i Police Department and the International Criminal Court. On June 29, 2013, Bank of Hawai‘i “pillaged” my clients’ property with the assistance of Lieutenant Kawai of the State of Hawai‘i Sheriff’s Department. The eviction was based on an unlawful order stemming from a court that did not have lawful authority in the Hawaiian Islands. My clients’ possession was valued at $2.2 million dollars.

In 2009, the Congress of the Philippines enacted the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. In this Act the “State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided…the accused has committed the said crime against a Filipino citizen.” The war crimes of “unfair trial” and “pillaging” are punishable offenses under the Act, and since the alleged crimes were committed outside of Philippine territory the alleged perpetrators are subject to extradition to the Philippines under the 1994 U.S.-Philippines Extradition Treaty (1994 U.S.T. Lexis 185). According to the Act:

“The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.”

Once the warrant for war crime(s) have been charged, my client demands the alleged perpetrators be extradited to the Philippines for prosecution to the full extent of the law.

Indian Country Today: “And without a Treaty, there is no State of Hawaii”

Posted on August 22, 2013 by Hawaiian Kingdom

Click here to view the article.

Proclamation by the acting government of the Hawaiian Kingdom

Posted on August 21, 2013 by Hawaiian Kingdom

PROCLAMATION

August 21, 2013

Whereas, the Hawaiian Kingdom existed as an independent State in the nineteenth century, as acknowledged by the Permanent Court of Arbitration in 2001 by dictum in Larsen v. Hawaiian Kingdom, and that international law provides for the presumption of the Hawaiian State’s continuity, which may be refuted only by reference to a valid demonstration of legal title, or sovereignty, on the part of the United States, absent of which the presumption remains;

Whereas, because there exists no valid demonstration of legal title, or sovereignty, on the part of the United States over the Hawaiian Islands, all United States government agencies operating within the territory of the Hawaiian State that was established by the United States Congress, which includes the State of Hawai‘i and County governments, are self-declared and their authority unfounded;

Whereas, Hawaiian subjects took the necessary and extraordinary steps, by virtue of the legal doctrine of necessity and according to the laws of the country and international law, to reestablish the Hawaiian government as it stood on January 17, 1893, in an acting capacity on February 28, 1997, in order to exercise the country’s preeminent right to self-preservation during an illegal and prolonged occupation by the United States of America since August 12, 1898;

Whereas, for the past 13 years, the acting government of the Hawaiian Kingdom has been vested with a prescriptive special customary right under international law to represent the Hawaiian State during this prolonged and illegal occupation by virtue of the legal doctrine of acquiescence, as well as explicit acknowledgment by the United States of America, and other States, of the acting government’s de facto authority before the Permanent Court of Arbitration, the United Nations Security Council, and the United Nations General Assembly;

Whereas, a Brief on the Continuity of the Hawaiian State and the Legitimacy of the acting government of the Hawaiian Kingdom can be accessed online at: http://hawaiiankingdom.org/pdf/Continuity_Brief.pdf.

Now, therefore, by virtue of the authority vested in the acting government, we do hereby declare, proclaim, and make known as follows:

The laws are obligatory upon all persons, whether subjects of this kingdom, or citizens or subjects of any foreign State, while within the limits of this kingdom, except so far as exception is made by the laws of nations in respect to Ambassadors or others. The property of all such persons, while such property is within the territorial jurisdiction of this kingdom, is also subject to the laws (§6, Civil Code). The Hawaiian Civil Code, Penal Code and the 1884 and 1886 Session Laws can be accessed online at http://hawaiiankingdom.org/constitutional-history.shtml.
The acting government of the Hawaiian Kingdom reclaims its sovereignty over all property within the territorial jurisdiction of this kingdom by virtue of its special customary right to represent the Hawaiian State during an illegal and prolonged occupation by the United States of America.
As a result of Hawaiian law not being complied with since January 17, 1893, all titles to real estate within the territorial jurisdiction of this kingdom are invalid and void for want of a competent notary public and registrar for the Bureau of Conveyances (§1249, §1254, §1255, §1262, §1263, §1267, Civil Code). Remedy for these defects will take place in accordance with Hawaiian Kingdom law and the international law of occupation.

Peter Umialiloa Sai, Acting Vice Chair of the Council of Regency, and Acting Minister of Foreign Affairs

Archives Takes Wraps off 1898 Senate Transcript: Secret Debate on U.S. Seizure of Hawaii Revealed [Feb. 1, 1969]

Posted on August 16, 2013 by Hawaiian Kingdom

Honolulu Star-Bulletin, Saturday, February 1, 1969

WASHINGTON (AP) – Now it can be told—what happened during the longest of three Senate sessions during the Spanish-American War, a debate over whether to take over Hawaii.

The debate of nearly three hours on that day—May 31, 1898—and in two secret sessions the previous month had remained locked up until last week. Then at the request of a historian who noted gaps in the Congressional Record, the Senate passed a resolution authorizing the National Archives to take the wraps off the debate transcript.

The government’s only explanation for the long suppression of the debate records is that they had been long forgotten.

THE SECRECY WAS clamped on during a debate over whether to seize the Hawaiian Islands—called the Sandwich Islands then—or merely developing leased areas of Pearl Harbor to reinforce the U.S. fleet at Manila Bay.

Sen. Henry Cabot Lodge, grandfather and namesake of the current chief U.S. peace negotiator in Paris, had the floor. He was pleading for all war measures and particularly for the dispatch of reinforcements to Adm. George Dewey who already had destroyed the Spanish fleet in Manila Bay.

But before Lodge could press his case for the need of Hawaii as a rear base, Sen. David Turpie of Indiana demanded and got the Senate chamber cleared. Even the official reporter of debate was expelled for five minutes.

Study of the transcripts is unlikely to add more than a minor footnote to history, for as Lodge contended during the debate:

“I do not know anything that would give them (the enemy) any information,” because “there is nothing, nothing not already in the newspapers.”

LODGE COMPLAINED BITTERLY at the time about the secrecy, but his peers went along with Turpie and Sen. Georg Gray of Delaware, who questioned the “propriety” of public utterances “addressed to the ears of the enemy.”

Going further, Sen. Eugene Hale of Maine declared that the Senate is “the last place in which to discuss what shall be done about war,” for its word “goes on the wing of the lightning to every part of the globe.”

Lodge said Dewey’s need for reinforcement was urgent because “great and powerful interests in Europe (Paris bankers holding Spanish loan bonds) are directly interested in having Manila wrested from him and his fleet destroyed.”

Sen. William Stewart of Nevada saw “no possible secrets involved in the discussion of the annexation of the Sandwich Islands.” He contended the Navy required a coaling station for its ships and a “residing place” for the men enroute to the Philippines.

PEARL HARBOR, ALREADY UNDER LEASE, Stewart argued, wouldn’t be much use until costly dredging operations opened the entrance channel. “Either we must have the Sandwich Islands,” he declared, “or the administration must recall Dewey.”

The senate was unimpressed by the argument of Sen. Richard F. Pettigrew of South Dakota that the great circle route to Manila, skirting the Aleutian Islands, was 500 miles shorter than the route through Honolulu.

He argued that many warships and fortifications could be built with $10 million proposed to be “thrown away in the interest of a few sugar planters and adventures in Hawaii,” and asked: “Why embarrass that feeble republic, or monarchy, or oligarchy or whatever it is, with our presence?”

Sen. John T. Morgan of Alabama was concerned about the bubonic plague, cholera, yellow fever, small pox and “all the horrible diseases to which humanity is incident” prevailing in the Philippines. Therefore, “we cannot refuse to men going there a stopping place on the salubrious islands of Hawaii.”

Sen. Benjamin Tillman of South Carolina had the last word about the islands, saying “is not Hawaii lying there praying to the United States: ‘Please come and swallow me and pay the $4 million you promised.’”

THE UNITED STATES ANNEXED the Hawaiian Islands five weeks after the debate. But before the Senate reopened its doors that day, Morgan steered the discussion back to Cuba, the original cause of the war with Spain.

The first secret session, April 25, 1898, involved technical and emotional debate over wording of the declaration of war and why it or some accompanying resolution did not formally recognize the independence of Cuba or at least declare the Cubans to have the rights of belligerents in the conflict.

THE SENATE ENDED UP BY ACCEPTING the House passed version reading that “war and the same is hereby declared to exist and that war has existed since the 21^st of April”—four days earlier.

Dropped from the final declaration was a Senate proposed tagline requiring the administration to “prosecute said war to a successful conclusion.”

Sen. Stephen White of California joined the unanimous vote for war “even with that mild prevarication” about when the war started.

1893 Executive Agreements and Their Profound Impact Today

Posted on August 3, 2013 by Hawaiian Kingdom

On March 15, 2013, at the Keauhou Sheraton Hotel on the Island of Hawai‘i, Dr. Keanu Sai gave a presentation that provides a political science perspective of Hawaiian history that incorporates law on the repercussions of the illegal overthrow of the Hawaiian Kingdom government in 1893, and the effect of two executive agreements between Queen Lili‘uokalani and President Grover Cleveland that mandated the United States to administer Hawaiian law, restore the government, and thereafter the Queen to grant amnesty to the insurgents. The United States seizure of the Hawaiian Islands since 1898 and its willful violation of these agreements and international law have now given rise to war crimes that have and continue to be committed on a monumental scale. The presentation was sponsored by the Keauhou-Kahalu‘u Education Group, Kamehameha Schools, University of Hawai‘i at Hilo Kīpuka Native Hawaiian Student Center, Eia Hawai‘i Lecture Series, Keauhou Beach Resort, and The Kohala Center.

Dr. Sai received his Ph.D. in political science from the University of Hawai‘i at Manoa specializing in international relations and public law. His research specifically addressed the legal and political history of the Hawaiian Islands since the eighteenth century to the present. Dr. Sai has authored several law journal articles on the topic of the continuity of Hawaiian Kingdom as a sovereign state, is the author of a new history book titled “Ua Mau Ke Ea: Sovereignty Endures,” and served as lead agent for the Hawaiian Kingdom in arbitration proceedings before the Permanent Court of Arbitration, The Hague, Netherlands, in Lance Larsen v. Hawaiian Kingdom (1999-2001).

Speech of Dr. G. P. Judd at the Celebration – July 31, 1865

Posted on August 1, 2013 by Hawaiian Kingdom

Twenty years ago, Kauikeaouli emerged from the grounds of Kanaina; he and Kekuanaoa, Paki, Keoniana, Kanoa, Kivini, and some foreigners on horseback, and they rode for Kulaokahua.

Admiral Thomas was there with his troops and mounted guns in all his grandeur, and also there were the young chiefs, and a crowd of natives and foreigners awaiting the arrival of the King.

When he arrived, Admiral Thomas came to him holding the Hawaiian flag in his hands. The King and all his people dismounted and the Admiral came and opened the flag to the wind, and then gave it to Kauikeaouli’s flag bearer.

Right then, 21 mounted guns fired as a salute to the Flag, and the British flag was lowered on Puowaina, while the Hawaiian flag was drawn up again, whereupon 21 guns of Puowaina sounded. Then the British flag was pulled down at the Fort and the Hawaiian flag was raised, so the Fort fired a 21 gun salute, followed by 21 guns from the ship Carysfort, 21 from the Dublin, 21 more from the Hazzard, and then the American ship Constellation fired a 21-gun salute. When that was over, the 21 mounted guns fired a salute in honor of the King.

The British soldiers stood in a circle saluting the King, and when that was done the King returned to the palace. At 3[1] o’clock the King, his soldiers and the crowd of people all went to the church of Kawaiaha’o and gave thanks to God for his grace in restoring the sovereignty of the Nation.

At three o’clock, the King went aboard the ship Dublin to a dinner hosted by the Admiral, and when the Carysfort saw the King’s flag on the launches, a 21-gun salute was fired, followed by 21 guns from the Hazzard, then the Dublin, and then a final 21 gun salute came from the Constellation.

When the dinner on board the ship was finished, the King and his retinue came ashore and the Dublin fired a salute, followed by the Carysfort, then the Hazzard and the Constellation, 21 guns each.

The next day the great feast at Luakaha was held for the Admiral, and Kauikeaouli decided that the 31^st of July would become a holiday for the Nation and the people. What was the reason for this great festivity?

What was the reason for the resounding of 315 guns, startling the mountains and roiling the seas? It was because the flag, once pulled down, had been raised up again.

I should perhaps recount the source of this entanglement. It was the desire of British foreigners here ashore for Britain to take this island chain. It would not then remain independent, so Consul [Charlton] sought to petition the Admiral, whereupon the Admiral ordered Lord George Paulet to sail here to Hawaii and do everything according to the terms of the Consul, and he intended to take the land by war, but, the King gave in advance the sovereignty of the land to the two of them, so as to escape battle, in the manner of a mortgage until such time as the British government could decide about the entanglements that the foreigners had made up.

The Admiral perhaps recognized his own entanglement because of the transfer to George Paulet under Consul, therefore he was concerned and restored the sovereignty of the Nation.

Therefore, the chiefs and the common people are joyful on this day because of the victory of righteousness over wrong, and the religious ones praise God, their Savior, for allowing them not to live as prisoners under Britain. Glory! Glory!! Glory!!!

Speech of His Highness William Charles Lunalilo at the Celebration – July 31, 1865

Posted on August 1, 2013 by Hawaiian Kingdom

Ladies and Gentlemen:

This is the day we commemorate the return of the Hawaiian Flag by Admiral Thomas. Twenty-two years have passed since that officer arrived at these shores, restoring the Flag to our King and the nation. Our hearts were filled with joy on that day that is forever remembered, and many tears were shed, not from sadness, but from joy. How very different from the previous February 25. I recall what I saw as I stood in the grounds of the old Fort with our current King and his younger brothers, now deceased; we witnessed our Flag being brought down. On that day, these islands were surrendered to the Crown of Great Britain, and on that day the flying star flag of Albion waved victoriously over these Islands. Many here probably heard the short speech King Kamehameha III gave regarding that event.

“Attention, Nobles, people, and subjects from my ancestors’ time, as well as those of foreign lands! Pay heed all of you! I say to you all that I am in distress as a result of predicaments into which I have been drawn without cause, therefore I have surrendered the sovereignty of our land, and so you should all heed that! However, my reign over all of you, my people, and your rights, will continue because I am hopeful that the sovereignty of the land will yet be restored, if my actions are just.”

That speech by the King to his people was short, but important nonetheless. He expressed his sadness about what he had seen. There were many tears that day. Those were dark and fearful days. The entire nation mourned during those months of investigation, thinking that the government might have been lost for all time to the hands of a foreign power. For five long months all remained calm, as at the outset, and on the 31^st of July, the day we now commemorate, we saw “the flag for which they had dared for a thousand years to valiantly face war and the wind” brought down by one of the own sons of England.

As Doctor Gulick clarified, “America gaining independence was not something that simply came to be, nor was it some short-lived foolishness. Instead, it was something that came about and will be remembered for centuries, and is something that will continue on into the future.” The same is true of this, our restoration day, it is not something that just came to be. Admiral Thomas did not simply come here regarding trouble that was occurring and seek the facts as they have done before, but he heard, from a high-level source, of actions happening between this Government and those under its domain. He carefully considered it, and the setting was perfectly clear to him prior to his sailing here and his return of the land to its King who had acted justly. The people (though I speak as an individual) had acted appropriately, were thoughtful and vigilant in the workings of the Government, and if they had spoken or acted irresponsibly, they would certainly have incurred the wrath of the opposition. Something real that was witnessed was whether the assets that the nation had entrusted to someone in a certain department would continue to exist. It was assumed they had not. The books of every kind, which were critical, were taken away from the offices and hidden, then taken to the Royal Crypt, there to be left among the residents of that eerie place. Night and day, the work was carried out there, and the casket of Good Ka’ahumanu became the desk for writing.

But the sun rose again, brighter than ever. The hopes of the good and benevolent Kauikeaouli were fulfilled (you will likely never forget the short speech he gave with the wishes for his people on the day he surrendered the land to Great Britain, and his hopes that once his actions on behalf of his Kingdom were justified, it would be restored to him as before). At this time, we are an independent modern nation, and we are seen as such, and though we have only recently emerged from darkness into enlightenment, our status has grown, and continues to expand through righteousness.

Each of the many peoples of the earth has things of which they may be proud. England has promoted its powerful navy and through its colonies all around the world (and it is said to be true) the sun never sets on its bounds. France glorifies its Bonaparte, and the way all of Europe trembled while that soldier of a hundred wars sat on the French throne. Rome prided itself on its strength and its wealth. The United States of America was boastful that when it moved toward liberty, it gained its independence, and in recent years, stamped out both rebellion and slavery, never to rise again. Of what do we boast? I say sincerely, indeed there is something, for in the few, short years since the light of God’s word reached our shores, the tree of knowledge and wisdom has been planted, the roots have expanded out, the branches have spread wide, and now its fruits are being sent out among the benighted peoples of this great Pacific Ocean. The brightness of our enlightenment grows every day, and I am proud to say that we are assuming a position among the learned and civilized peoples of the world. I call this the true beauty of this land, Hawai’i.

As a closure to my reflections, I say that we should give our love to Him, the Judge of all things, because of his love for us, in our hours of strife and in times of good fortune and joy.

“May God Save The King With His Eternal Love.”

Hawaiian Kingdom Blog

Weblog of the acting government of the Hawaiian Kingdom presently operating within the occupied State of the Hawaiian Islands.

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