On July 15, 2024, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry, sent a draft of a war criminal report to Major General Kenneth Hara for his war crime by omission for willful failure to establish a military government. Dr. Sai stated to MG Hara that War Criminal Report no. 24-0001 will be published on the RCI’s website if he fails to delegate complete authority and title to Brigadier General Stephen Logan to establish a military government by 1200 hours on July 31, 2024. Dr. Sai also stated to MG Hara that the military government shall be established by 1200 hours on July 31st, and not that MG Hara delegate’s complete authority and title BG Logan by 1200 hours on July 31st. The delegation of complete authority and title must take place prior to 1200 hours on July 31st.
Dr. Sai also stated that the intent of providing MG Hara with a copy of the draft war criminal report was to express to him the severity of his criminal culpability he would incur should he willfully fail to establish a military government. Dr. Sai then reminded MG Hara that at their meeting on April 13, 2023, at the Grand Naniloa Hotel, he forewarned MG Hara that if he was willful in his dereliction of duty to establish a military government, he would incur criminal culpability for the war crime by omission. Here is a link to the draft of War Criminal Report no. 24-0001.
On July 13, 2024, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry, sent a final letter to Major General Kenneth Hara on the severe ramifications on the chain of command for the Hawai‘i Army National Guard, and, potentially the chain of command for the Air National Guard, if he does not delegate complete authority and title to Brigadier General Stephen Logan to establish a military government by 1200 hours on July 31, 2024. Here is a link to the letter.
The suspense date of 1200 hours on July 31, 2024, for your delegation or not of complete authority and title to Brigadier General Stephen Logan (“BG Logan”), is fast approaching. The purpose of this letter is to expand on the consequences should you not delegate authority and title for BG Logan to establish a military government. Your failure to do so will have dire consequences down the chain of command for the Army National Guard, and, potentially, for the Air National Guard.
The Council of Regency employs lawfare to achieve compliance with international law obligations. According to U.S. Air Force Major General Charles Dunlap, Jr., lawfare is the strategy of using “law as a substitute for traditional military means to achieve an operational objective.” The Council of Regency’s operational objective is to compel compliance with international laws. Pursuant to prior written and verbal communication providing undisputed historical, factual and legal evidence of the continued existence of the Hawaiian Kingdom, fully substantiated at the conclusion of due diligence by your own Staff Judge Advocate, the use of lawfare in this instance by the Council of Regency is wholly justified.
The duration of the American occupation, which is now at 131 years, is not only unlawful but morally unacceptable. President Cleveland, in his message to the Congress, relied on jus ad bellum (law concerning the resort to military force) when he concluded that the invasion of Honolulu by U.S. Marines on January 16, 1893, and the overthrow of the government of the Hawaiian Kingdom on January 17, 1893, were unjustified “acts of war.” President Cleveland stated:
It has been the boast of our Government that it seeks to do justice in all things without regard to the strength or weakness of those with whom it deals. I mistake the American people if they favor the odious doctrine that there is no such thing as international morality, that is one law for a strong nation and another for a weak one, and that even by indirection a strong power may with impunity despoil a weak one of its territory. By an act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown. A substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair.
The 2015 Law of War Manual identifies certain jus ad bellum criteria to be “a competent authority to order the war for a public purpose,” and “a just cause (such as self-defense).” These criteria were relied on by President Cleveland in his message to the Congress in 1893, which has remained unchanged under current U.S. military doctrine. Despite the unlawfulness of the acts of war that have led to this prolonged occupation, jus in bello (laws of war) continues to be obligatory under the law of armed conflict, which is the military term for international humanitarian law.
According to Lauterpact, an illegal war is “a war of aggression undertaken by one belligerent side in violation of a basic international obligation prohibiting recourse to war as an instrument of national policy.” However, despite the President’s admittance that the acts of war were not in compliance with jus ad bellum, the United States was still obligated to comply with jus in bello when it occupied Hawaiian territory. In particular, the international rule for the occupant to transform the civilian government into a military government to administer the laws of the occupied State until the conclusion of a peace treaty. In the Hostages Trial (the case of Wilhelm List and Others), the Tribunal stated, “whatever may be the cause of a war that has broken out, and whether or not the cause be a so-called just cause, the same rules of international law are valid as to what must not be done, [and what] may be done.” What ‘must not be done’ is the unlawful imposition of American municipal laws and administrative measures within the territory of the Hawaiian Kingdom. In other words, the law of occupation still applies despite the illegality of the American occupation of the Hawaiian Kingdom.
President Cleveland’s conclusion that a ‘substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair’ remains true then as it does today. This falls under your duties to perform as the theater commander in the occupied State of the Hawaiian Kingdom. The failure for the U.S. Marines to establish a military government on January 17, 1893, and the failure since by all preceding Adjutant Generals, beginning with Colonel John H. Soper, does not relieve you of your duty to do so today. This duty, under U.S. Department of Defense Directive 5100.01 and Army regulation paragraph 3, FM 27-5, to establish a military government, is directly linked to President Cleveland’s conclusion that ‘the rights of the injured people requires we should endeavor to repair.’ The establishment of a military government will serve both to end the prolonged violations and victimizations and begin to repair the rights of the injured Hawaiian people under the law of occupation.
In its Law of War Manual, the U.S. Department of Defense concluded that “[c]ommanders have duties to take necessary and reasonable measures to ensure that their subordinates do not commit violations of the law of war [jus in bello].” It should also be noted that a commander can be held accountable for the conduct of forces under his command, either by taking an active role in the commission of a war crime(s), or by omission in failing to prevent the commission of a war crime(s). The forces under your command are the Hawai‘i Army and Air National Guard, which include police officers.
On May 29, 2024, police officers, both active and retired from across the islands, called upon you to perform your duty. This letter from law enforcement officers is at odds with the instructions given to you by Attorney General Lopez to ignore the calls for you to transform the State of Hawai‘i into a military government. Their letter to you stated:
We hope this letter finds you in good health and high spirits. We are writing to you on behalf of a deeply concerned group of Active and Retired law enforcement officers throughout the Hawaiian Islands, about the current governance of Hawaii and its impact on the vested rights of Hawaiian subjects under Hawaiian Law.
As you are well aware, the historical transition of Hawai‘i from a sovereign kingdom to a U.S. state is fraught with significant legal and ethical issues. The overthrow of the government of the Hawaiian Kingdom in 1893 and its subsequent annexation by the United States in 1898 continue to be an illegal act. The Hawaiian Kingdom was recognized as a Sovereign State by the Permanent Court of Arbitration in The Hague, Netherlands, in Larsen vs. Hawaiian Kingdom (https://pca-cpa.org/en/cases/35/).
At the center of the dispute, as stated on the PCA’s website on the Larsen case, was the unlawful imposition of American laws over Lance Larsen, a Hawaiian subject, that led to an unfair trial and incarceration. It was a police officer, who believed that Hawai‘i was a part of the United States and that he was carrying out his lawful duties, that cited Mr. Larsen, which led to his incarceration. That police officer now knows otherwise and so do we. This is not the United States but rather the Hawaiian Kingdom as an occupied State under international law.
It is deeply troubling that the State of Hawaii has not been transitioned into a military government as mandated by international law. This failure of transition places current police officers on duty that they may be held accountable for unlawfully enforcing American laws. This very issue was brought to the attention of the Maui County Corporation Counsel by Maui Police Chief John Pelletier in 2022. In their request to Chief Pelletier, which is attached, Detective Kamuela Mawae and Patrol Officer Scott McCalister, stated:
We are humbly requesting that either Chief John Pelletier or Deputy Chief Charles Hank III formally request legal services from Corporation Counsel to conduct a legal analysis of Hawai‘i’s current political status considering International Law and to assure us, and the rest of the Police Officers throughout the State of Hawai‘i, that we are not violating International Law by enforcing U.S. domestic laws within what the federal lawsuit calls the Hawaiian Kingdom that continues to exist as a nation state under international law despite its government being overthrown by the United States on 01/17/1893.
Police Chief Pelletier did make a formal request to Corporation Counsel, but they did not act upon the request, which did not settle the issue and the possible liability that Police Officers face.
Your failure to initiate such a transition may be construed as a violation of the 1907 Hague Regulations and the 1949 Geneva Convention, which outlines the obligations of occupying powers. Also, your actions, or lack thereof, deprive Hawaiian subjects of the protections and rights they are entitled to under Hawaiian Kingdom laws and international humanitarian law. According to the Geneva Convention, occupying powers are obligated to respect the laws in force in the occupied territory and protect the rights of its inhabitants. Failure to comply with these obligations constitutes a serious violation and can result in accountability for war crimes for individuals in positions of authority.
The absence of a military government perpetuates an unlawful governance structure that has deprived the rights of Hawaiian subjects which is now at 131 years. The unique status of these rights is explained at this blog article on the Council of Regency’s weblog titled “It’s About Law—Native Hawaiian Rights are at a Critical Point for the State of Hawai‘i to Comply with the Law of Occupation” (https://hawaiiankingdom.org/blog/native-hawaiians-are-at-a-critical-point-for-the-state-of-hawaii-to-comply-with-the-law-of-occupation/). It is imperative that steps be taken to rectify these historical injustices and ensure the protection of the vested rights of Hawaiian subjects.
We also acknowledge that the Council of Regency is our government that was lawfully established under extraordinary circumstances, and we support its effort to bring compliance with the law of occupation by the State of Hawai‘i, on behalf of the United States, which will eventually bring the American occupation to a close. When this happens, our Legislative Assembly will be brought into session so that Hawaiian subjects can elect a Regency of our choosing. The Council of Regency is currently operating in an acting capacity that is allowed under Hawaiian law.
We urge you to work with the Council of Regency in making sure this transition is not only lawful but is done for the benefit of all Hawaiian subjects. Please consider the gravity of this situation and take immediate action to establish a military government in Hawaii. Such a measure would align with international law and demonstrate a commitment to justice, fairness, and the recognition of the rights of Native Hawaiians.
The U.S. military’s failure to establish a military government in 1893 has a direct nexus to the war crime of imposing American municipal laws and administrative measure here—usurpation of sovereignty during occupation, which the police officers brought to your attention. BG Logan is a former officer of the Honolulu Police Department, and his brother, Arthur Joseph Logan, was the former Adjutant General and is currently Chief of the Honolulu Police Department.
The establishment of the military government will, consequently, put a stop to this war crime and to the secondary war crimes it had set in motion. By your omission, in failing to prevent the commission of war crimes, you are accountable, as a commander, under the war crime by omission, which comprise two offenses under the Uniform Code of Military Justice: Article 92(1) for failure to obey […] regulation, and Article 92(3) for dereliction in the performances of duties. This conduct will result in the publication of War Criminal Report no. 24-0001 after 1200 hours on July 31, 2024, on the Royal Commission of Inquiry’s (“RCI”) website (https://hawaiiankingdom.org/royal-commission.shtml). As a matter of international law, the Council of Regency has a duty to protect the population from war crimes, which prompted the formation of the RCI on June 17, 2019. On this subject, I am attaching two recent law articles written by myself, as the Head of the RCI, and by Professor Federico Lenzerini, as the Deputy Head of the RCI, that was published by the International Review of Contemporary Law last month.
After the publication of the war criminal report, your Deputy Adjutant General, BG Logan, will assume the chain of command as the theater commander, because, as a war criminal, you would be unfit to continue to serve. BG Logan will then request Attorney General Lopez to provide him rebuttable evidence as to the Hawaiian Kingdom’s continued existence as a State since the nineteenth century. In particular, she would need to refute the legal opinions, as to the continuity of the Hawaiian Kingdom under international law, I mentioned in my letter to you dated July 1, 2024, to wit:
In the absence of evidence by the Attorney General refuting these legal opinions, BG Logan will have seven days, from the date of the publication of the war criminal report, to perform his duty of establishing a military government.
Should BG Logan fail to perform his duty, he will also be the subject of a war criminal report for the war crime by omission to be published on the RCI’s website. This will result for the Commander of the 25th Infantry Brigade Combat Team, Colonel David R. Hatcher II, to assume the chain of command and request that the Attorney General provide him evidence refuting the mentioned legal opinions. In the absence of such evidence, Colonel Hatcher will have seven days, from the date of the publication of BG Logan’s war criminal report, to perform his duty of establishing a military government. This process will continue down the chain of command until there is a soldier that understands what it is to be duty bound in order to perform his/her duty of establishing a military government.
To prevent this sequence of events, you are duty bound to determine whether Attorney General Lopez’s instruction to you is a lawful order under military law. As I stated in my letter to you dated July 3, 2024, to determine that it is a lawful order, you should request she provide you evidence that the Hawaiian Kingdom no longer exists as an occupied State under international law. Just as you tasked your Staff Judge Advocate, LTC Phelps, you should demand that Attorney General Lopez provide you with evidence that rebut the presumption of State continuity of the Hawaiian Kingdom under international law. In the absence of such evidence, you must perform your duty to establish a military government.
You should be aware that Attorney General Lopez does not possess the qualifications of an expert in international law matters as does Professor Matthew Craven from the University of London SOAS, Law Department; Professor William Schabas from Middlesex London University, Law Department; and Professor Federico Lenzerini from the University of Siena Department of Political and International Science, who authored legal opinions for the Council of Regency and the Royal Commission of Inquiry. Professor Lenzerini previously served as a professor of international law at the University of Siena Law Department. All three are professors of international law. Should you rely on her unqualified opinion, you, and you alone, have created a crisis for the chain of command of the Army National Guard, and, possibly, the Air National Guard.
You should also be aware that the Attorney General is a subject of the RCI’s War Criminal Report no. 23-0001 for the war crime of usurpation of sovereignty during military occupation that was published on March 29, 2023. You are receiving instructions from a war criminal that is subject to prosecution by a competent court with subject matter jurisdiction. There are no statutory limitations for war crimes.
Your decision to delegate or to not delegate has profound ramifications for the Hawai‘i National Guard that you lead as their Adjutant General. Commanders must make command decisions to protect the men and women under their command. As I stated, if Attorney General Lopez can provide you clear evidence that the Hawaiian Kingdom ceases to exists, then you have no miliary duty to perform. But if she is unable to provide you with evidence, except for an unqualified instruction, you, and you alone, will be derelict in your military duty and will be held accountable as a war criminal in the annals of Hawaiian history. These letters to you will serve as evidence of the war crime by omission. This is lawfare.
On July 3, 2024, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry, sent a followup letter to Major General Kenneth Hara on the subject of whether State of Hawai‘i Attorney General Anne E. Lopez’s instruction to him to ignore calls for establishing a military government is a lawful order. Dr. Sai’s followup letter is an attempt to encourage MG Hara to make the proper command decision. Here is a link to the letter.
Major General Hara:
Your decision to delegate, or to not delegate, full authority and title to Brigadier General Stephen Logan to perform the duty of establishing a military government, has profound consequences for you and the chain of command of the Army National Guard, and, possibly, the Air National Guard. This is a command decision that cannot be underestimated. As a Title 32 Army general officer, who is currently the Director of the State of Hawai‘i Department of Defense, Attorney General Anne E. Lopez is your legal adviser for State of Hawai‘i matters, but Lieutenant Colonel Phelps, as your Staff Judge Advocate, is your legal adviser for military matters. However, if you were activated for deployment to a foreign country, as you were deployed to Baghdad, Iraq, in 2005, the Attorney General would no longer be your legal adviser. Your legal adviser was then exclusively the Staff Judge Advocate that was in country with you and your unit.
From a military standpoint, Attorney General Lopez’s instruction to you, to ignore the calls to transform the State of Hawai‘i into a military government, would, at first glance, be considered a lawful order. Therefore, it is presumed to be valid. According to United States v. Kisala, 64 M.J. 50 (2006), the essential attributes of a lawful order, that sustains the presumption of lawfulness, include: (1) issuance by competent authority—a person authorized by applicable law to give such an order; (2) communication of words that express a specific mandate to do or not do a specific act; and (3) relationship of the mandate to a military duty. In light of the presumption of lawfulness, long-standing principles of military justice places the burden of rebutting this presumption on you.
You currently have two conflicting duties to perform—follow the order given to you by the Attorney General or obey an Army regulation. To follow the former, you incur criminal culpability for the war crime by omission. To follow the latter, you will not incur criminal culpability. As you are aware, soldiers must obey an order from a superior, but if complying with that order would require the commission of a war crime, then the order is not lawful, and it, therefore, must be disobeyed. The question to be asked of the Attorney General is whether the State of Hawai‘i is within a foreign State’s territory or whether it is within the territory of the United States. If the Hawaiian Islands is within the territory of the United States, then the Attorney General’s instruction can be considered a lawful order, but if the Hawaiian Islands constitute the territory of the Hawaiian Kingdom, an occupied State, then the order is unlawful, and must be disobeyed.
Because you have been made aware, and acknowledged on July 27, 2023, that the Hawaiian Kingdom continues to exist as a matter of international law, you must question the Attorney General’s instruction to you. Just as I recommended to you, when we first met at the Grand Naniloa Hotel in Hilo on April 13, 2023, to have your Staff Judge Advocate refute the information I provided you regarding the presumed existence of the Hawaiian Kingdom as an occupied State under international law, I would strongly recommend you request the Attorney General to do the same.
Under international law, there is a presumption that the Hawaiian Kingdom, as a State, continues to exist as a subject of international law despite the unlawful overthrow of its government by the United States on January 17, 1893. According to Judge Crawford, there “is a presumption that the State continues to exist, with its rights and obligations […] despite a period in which there is no, or no effective, government,” and belligerent occupation “does not affect the continuity of the State, even where there exists no government claiming to represent the occupied State.” Professor Craven explains:
If one were to speak about a presumption of continuity, one would suppose that an obligation would lie upon the party opposing that continuity to establish the facts substantiating its rebuttal. The continuity of the Hawaiian Kingdom, in other words, 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.
Evidence of ‘a valid demonstration of legal title, or sovereignty, on the part of the United States’ would be an international treaty, particularly a peace treaty, whereby the Hawaiian Kingdom would have ceded its territory and sovereignty to the United States. Examples of foreign States ceding sovereign territory to the United States by a peace treaty include the 1848 Treaty of Peace, Friendship, Limits, and Settlement with the Republic of Mexico and the 1898 Treaty of Peace between the United States of America and the Kingdom of Spain. If the Attorney General is unable to rebut the presumption of continuity and the Permanent Court of Arbitration’s recognition of the continued existence of the Hawaiian Kingdom, as a State, in Larsen v. Hawaiian Kingdom, then you must disobey her instruction because she is NOT ‘a person authorized by applicable law to give such an order.’
You have until July 31, 2024, to either make a command decision to delegate your authority to BG Logan and retire, or should you refuse to delegate your authority, then you will be the subject of a war criminal report for the war crime by omission. Your refusal will meet the requisite element of “willfulness” for the war crime by omission.
The bedrock of international law is the sovereignty of an independent State. Black’s Law dictionary defines sovereignty as the “supreme, absolute, and uncontrollable power by which any independent state is governed.” For the purposes of international law, Wheaton explains:
Sovereignty is the supreme power by which any State is governed. This supreme power may be exercised either internally or externally. Internal sovereignty is that which is inherent in the people or any State, or vested in its ruler, by its municipal constitution or fundamental laws. This is the object of what has been called internal public law […], but which may be more properly be termed constitutional law. External sovereignty consists in the independence of one political society, in respect to all other political societies. It is by the exercise of this branch of sovereignty that the international relations of one political society are maintained, in peace and in war, with all other political societies. The law by which it is regulated has, therefore, been called external public law […], but may more properly be termed international law.
In the Island of Palmas arbitration, which was a dispute between the United States and the Netherlands, the arbitrator explained that “Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to exercise therein, to the exclusion of any other State, the functions of a State.” And in the S.S. Lotus case, which was a dispute between France and Turkey, the Permanent Court of International Justice stated:
Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from a convention [treaty].
The permissive rule under international law that allows one State to exercise authority over the territory of another State is Article 43 of the 1907 Hague Regulations and Article 64 of the Fourth Geneva Convention, that mandates the occupant to establish a military government to provisionally administer the laws of the occupied State until there is a treaty of peace. For the past 131 years, there has been no permissive rule of international law that allows the United States to exercise any authority in the Hawaiian Kingdom, which makes the prolonged occupation illegal under international law.
As the arbitral tribunal, in Larsen v. Hawaiian Kingdom, noted in its award, “in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States, including by exchanges of diplomatic or consular representatives and the conclusion of treaties.” The scope of Hawaiian sovereignty is sweeping. According to §6 of the Hawaiian Civil Code:
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.
Property within the territorial jurisdiction of the Hawaiian Kingdom includes both real estate and personal property. Hawaiian sovereignty over the population, whether Hawaiian subjects or citizens or subjects of any foreign State, is expressed in the Penal Code. Under Chapter VI—Treason, the statute, which is in line with international law, states:
1. Treason is hereby defined to be any plotting or attempt to dethrone or destroy the King, or the levying of war against the King’s government, or the adhering to the enemies thereof, giving them aid and comfort, the same being done by a person owing allegiance to this kingdom.
2. Allegiance is the obedience and fidelity due to the kingdom from those under its protection.
3. An alien, whether his native country be at war or at peace with this kingdom, owes allegiance to this kingdom during his residence therein, and during such residence, is capable of committing treason against this kingdom.
4. Ambassadors and other ministers of foreign states, and their alien secretaries, servants and members of their families, do not owe allegiance to this kingdom, though resident therein, and are not capable of committing treason against this kingdom.
When the Hawaiian Kingdom Government conditionally surrendered to the United States forces on January 17, 1893, the action taken did not transfer Hawaiian sovereignty but merely relinquished control of Hawaiian sovereignty because of the American invasion and occupation. According to Benvenisti:
The foundation upon which the entire law of occupation is based is the principle of inalienability of sovereignty through unilateral action of a foreign power, whether through the actual or the threatened use of force, or in any way unauthorized by the sovereign. Effective control by foreign military force can never bring about by itself and valid transfer of sovereignty. Because occupation does not transfer sovereignty over the territory to the occupying power, international law must regulate the inter-relationships between the occupying force, the ousted government, and the local inhabitants for the duration of the occupation. […] Because occupation does not amount to sovereignty, the occupation is also limited in time and the occupant has only temporary managerial powers, for the period until a peaceful solution is reached. During that limited period, the occupant administers the territory on behalf of the sovereign. Thus the occupant’s status is conceived to be that of a trustee.
The occupant’s ‘managerial powers’ is exercised by a military government over the territory of the occupied State that the occupant is in effective control. The military government would need to be in effective control of the territory in order to effectively enforce the laws of the occupied State. Without effective control there can be no enforcement of the laws.
The Hawaiian government’s surrender that transferred effective control over the territory of the Hawaiian Kingdom to the American military did not transfer Hawaiian sovereignty. U.S. Army FM 27-10 explicitly states, “Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty.”
The United States never possessed sovereignty over the Hawaiian Islands. It remained undisturbed for over a century, and in 1997 when the Hawaiian Kingdom government was restored as a Regency, Hawaiian sovereignty came to the forefront as the foundation for the existence of the Regency and the application of the law of occupation.
Restoration of Hawaiian sovereignty needs to be removed from the conversations because you cannot restore what was never taken. And restoring the Hawaiian Kingdom government also needs to be removed from the conversations because the government was already restored in 1997 as a Regency, in an acting capacity, until the Legislature can be reconvened to elect by ballot a lawful Regency according to Article 33 of the 1864 Constitution, as amended. The doctrine of necessity and Hawaiian constitutional law provides the legal basis for the Regency to serve in an acting role.
What should become a part of the conversation is the duty of the State of Hawai‘i Adjutant General to comply with the law of occupation by establishing a military government to temporarily administer the laws of the Hawaiian Kingdom as they were prior to the American invasion and also the provisional laws of the Hawaiian Kingdom proclaimed by the Council of Regency on October 10, 2014. These provisional laws shall be all Federal, State, and County laws that “do not run contrary to the express, reason and spirit of the laws of the Hawaiian Kingdom prior to July 6, 1887, the international law of occupation and international humanitarian law, and if it be the case they shall be regarded as invalid and void.” The Minister of the Interior published a memorandum on the formula to be used in determining whether American laws can be considered provisional laws of the Hawaiian Kingdom.
On July 1, 2024, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry, sent a letter to State of Hawai‘i Adjutant General Kenneth Hara giving him notice to delegate authority and title to Deputy Adjutant General Brigadier General Stephen Logan so that he can establish a Military Government of Hawai‘i no later than 1200 hours on July 31, 2024. There are severe consequences for failure to do so that could implicate the chain of command of the Army National Guard for the war crime by omission. Here is a link to the letter.
Major General Hara:
In my last communication to you, on behalf of the Council of Regency, dated February 10, 2024, I made a “final appeal for you to perform your duty of transforming the State of Hawai‘i into a military government on February 17, 2024, in accordance with Article 43 of the 1907 Hague Regulations, Article 64 of the Fourth Geneva Convention, and Army regulations.” You ignored that appeal despite your admittance, on July 27, 2023, to John “Doza” Enos that the Hawaiian Kingdom continues to exist.
This communication is not an appeal, but rather a notice to perform your duty, as the theater commander in the occupied State of the Hawaiian Kingdom, to establish a military government of Hawai‘i by 1200 hours on July 31, 2024. If you fail to do so, you will be the subject of a war criminal report by the Royal Commission of Inquiry (“RCI”) for the war crime by omission. The elements of the war crime by omission are the Uniform Code of Military Justice’s (“UCMJ”) offenses under Article 92(1) for failure to obey order or regulation, and Article 92(3) for dereliction in the performances of duties. The maximum punishment for Article 92(1) is dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. The maximum punishment for Article 92(3) is bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
Despite the prolonged nature and illegality of the American occupation since January 17, 1893, the sovereignty has remained vested in the Hawaiian Kingdom. In 1999, this was confirmed in Larsen v. Hawaiian Kingdom, PCA Case no. 1999-01. In that case, the Permanent Court of Arbitration (“PCA”) recognized the continuity of the Hawaiian Kingdom as a State, under international law, and the Council of Regency as its government. At the center of the Larsen case was the unlawful imposition of American municipal laws within the territory of the Hawaiian Kingdom, which is the war crime of usurpation of sovereignty. This fact renders the State of Hawai‘i unlawful because it was established by congressional legislation in 1959, which is an American municipal law. Ex injuria jus non oritur (law does not arise from injustice) is a recognized principle of international law.
After the Council of Regency returned from the oral proceedings, held at the PCA, in December of 2000, it directly addressed the devastating effects of denationalization through Americanization. This effectively erased the national consciousness of the Hawaiian Kingdom in the minds of the Hawaiian population and replaced it with an American national consciousness that created a false narrative that Hawai‘i became a part of the United States. Denationalization, under customary international law, is a war crime.
The Council of Regency decided to address the effects of Americanization through academic and scholarly research at the University of Hawai‘i. The Council of Regency’s decision was guided by paragraph 495—Remedies of Injured Belligerent, FM 27-10, that states, “[i]n the event of violation of the law of war, the injured party may legally resort to remedial action of the following […] a. [p]ublication of the facts, with a view to influencing public opinion against the offending belligerent.” Since then, a plethora of doctoral dissertations, master’s theses, peer review articles, and books have been published on the topic of the American occupation. The latest peer review articles, by myself as Head of the RCI, and by Professor Federico Lenzerini as Deputy Head of the RCI, were published in June of 2024 by the International Review of Contemporary Law:
Professor Federico Lenzerini, “Military Occupation, Sovereignty, and the ex injuria jus non oritur Principle. Complying with the Supreme Imperative of Suppressing “Acts of Aggression or Other Breaches of the Peace” à la carte?,” 6(2) International Review of Contemporary Law 58-67 (2024).
Dr. David Keanu Sai, “All States have a Responsibility to Protect their Population from War Crimes—Usurpation of Sovereignty During Military Occupation of the Hawaiian Islands,” 6(2) International Review of Contemporary Law 72-81 (2024).
In addition, legal opinions on this subject were authored by experts in the various fields of international law:
Professor Matthew Craven, “Continuity of the Hawaiian Kingdom as a State under International Law,” in David Keanu Sai (ed.) Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom 125-149 (2020).
Professor William Schabas, “War Crimes Related to the United States Belligerent Occupation of the Hawaiian Kingdom,” in David Keanu Sai (ed.) Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom 151-169 (2020).
Professor Federico Lenzerini, “International Human Rights Law and Self-Determination of Peoples related to the United States Occupation of the Hawaiian Kingdom,” in David Keanu Sai (ed.) Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom 173-216 (2020).
Professor Federico Lenzerini, “Legal Opinion on the Authority of the Council of Regency of the Hawaiian Kingdom,” 3 Hawaiian Journal of Law and Politics 317-333 (2021).
Professor Federico Lenzerini, Legal Opinion of Civil Law on Juridical Fact of the Hawaiian State and the Consequential Juridical Act by the Permanent Court of Arbitration (December 5, 2021).
Notwithstanding your failure to obey an Army regulation and dereliction of duty, both being offenses under the UCMJ and the war crime by omission, you are the most senior general officer of the State of Hawai‘i Department of Defense. And despite your public announcement that you will be retiring as the Adjutant General on October 1, 2024, and resigning from the U.S. Army on November 1, 2024, you remain the theater commander over the occupied territory of the Hawaiian Kingdom. You are, therefore, responsible for establishing a military government in accordance with paragraph 3, FM 27-5. Article 43 of the 1907 Hague Regulations and Article 64 of the 1949 Fourth Geneva Convention imposes the obligation on the commander in occupied territory to establish a military government to administer the laws of the occupied State. Furthermore, paragraph 2-37, FM 41-10, states that “commanders are under a legal obligation imposed by international law.”
However, since paragraph 3 of FM 27-5 also states that you also have “authority to delegate authority and title, in whole or in part, to a subordinate commander” to perform the duty of establishing a military government. The RCI will consider this provision as time sensitive to conclude willfulness, on your part, to not delegate authority and title, thereby, completing the elements necessary for the war crime by omission. Therefore, you will delegate full authority and title to Brigadier General Stephen Logan so that he can establish a Military Government of Hawai‘i no later than 1200 hours on July 31, 2024. BG Logan will be guided in the establishment of a military government by the RCI’s memorandum on bringing the American occupation of Hawai‘i to an end by establishing an American military government (June 22, 2024), and by the Council of Regency’s Operational Plan for transitioning the State of Hawai‘i into a Military Government (August 14, 2023).
Should you fail to delegate full authority and title to BG Logan, the RCI will conclude that your conduct is “willful,” and you will be the subject of a war criminal report for the war crime by omission. Military governments are under an obligation, under international law, to prosecute war criminals in occupied territory, and the Army National Guard is obligated to hold you accountable, by court martial, for violating Articles 92(1) and (3) of the UCMJ. The war criminal report for your war crime by omission will be based on the elements of the offenses of the UCMJ. Thus, your court martial will be based on the evidence provided in the war criminal report. Military law provides for your prosecution under the UCMJ, while international law provides for your prosecution for war crimes. One prosecution does not cancel out the other prosecution. Furthermore, war crimes have no statutes of limitations. In 2022, Germany prosecuted a 97-years old woman for Nazi war crimes.
I am aware that you stated to a former Adjutant General that State of Hawai‘i Attorney General Anne E. Lopez, who is a civilian, instructed you and Brigadier General Stephen Logan to ignore me and any organization calling for the performance of a military duty to establish a military government. This conduct is not a valid defense for disobedience of an Army regulation and dereliction of duty because Mrs. Lopez is a civilian interfering with a military duty.
This is tantamount to a soldier, under your command, refusing to follow your order given him because a civilian instructed him to ignore you. For you not to perform your military duty is to show that there is no such military duty to perform because the Hawaiian Kingdom does not continue to exist as an occupied State under international law. There is no such evidence. The RCI considers Mrs. Lopez’s conduct and action to be an accomplice to the war crime by omission and she will be included in your war criminal report should you fail to delegate your authority to BG Logan.
Once the war criminal report is made public on the RCI’s website, BG Logan is duty bound to immediately assume the chain of command and perform the duty of establishing a military government. The RCI will give BG Logan one week from the date of the war criminal report to establish a military government. Should BG Logan also be “willful” in disobeying an Army regulation and of dereliction of duty, then he will be the subject of a war criminal report. Thereafter, the next in line of the Army National Guard shall assume the chain of command. This will continue until a member of the Army National Guard performs the duty of establishing a military government.
We are now at 131 years of an American occupation of the Hawaiian Kingdom. If the American military in Hawai‘i complied with the international law of occupation when Queen Lili‘uokalani conditionally surrendered to the United States on January 17, 1893, the occupation would not have lasted 131 years. Consequently, everything since 1893 that derives from American authority, that would otherwise be valid within U.S. territory, is invalid and void in Hawaiian territory because the United States has not been vested with Hawaiian sovereignty by a treaty. U.S. Army Field Manual 27-10, which regulates military occupations of foreign countries states:
Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty.
The function of the military government is to provisionally administer the laws of the occupied State until a peace treaty comes into effect where the occupation comes to an end. Paragraph 62 of U.S. Army Field Manual 27-10 states that “Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.”
In the Island of Palmas arbitration, which was a dispute between the United States and the Netherlands, the arbitrator explained that “Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to exercise therein, to the exclusion of any other State, the functions of a State.” And in the S.S. Lotus case, which was a dispute between France and Turkey, the Permanent Court of International Justice stated:
Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from a convention [treaty].
The permissive rule under international law that allows the United States to exercise authority over the territory of the Hawaiian Kingdom is Article 43 of the 1907 Hague Regulations and Article 64 of the Fourth Geneva Convention, that mandates the occupant to establish a military government to provisionally administer the laws of the occupied State until there is a treaty of peace. For the past 131 years, there has been no permissive rule of international law that allows the United States to exercise any authority in the Hawaiian Kingdom, which makes the occupation illegal under international law.
The only way to bring order to this calamity is by establishing a military government of Hawai‘i where the military governor has centralized command and control allowable under the law of occupation in order to make command decisions. We are at the cusp of transitioning the State of Hawai‘i into a Military Government of Hawai‘i. It is not a matter of “if” but rather “when.” It is also not a question of “choice” but rather a “duty” that has profound ramifications. A duty is a legal obligation called duty bound.
The current practice of the United States military is that it is the responsibility of the Army to establish a military government to preside over occupied territory. Not the Navy, Marines or the Air Force. U.S. Department of Defense Directive 5100.1 states that it is the function of the Army in “[occupied] territories abroad [to] provide for the establishment of a military government pending transfer of this responsibility to other authority.” And U.S. Department of Directive 2000.13 states that the Army’s “Civil affairs operations include…[e]stablish[ing] and conduct[ing] military government until civilian authority or government can be restored.”
At the beginning of the twentieth century, the U.S. Army took steps to prepare for military occupations by publishing field manuals—FM 27-10, The Law of Land Warfare, FM 27-5, Civil Affairs Military Government, FM 3-57, Civil Affairs Operations, and FM 6-27, The Commander’s Handbook on the Law of Land Warfare.
Paragraph 3, FM 27-5, states that the “theater command bears full responsibility for [military government]; therefore, he is usually designated as military governor […], but has authority to delegate authority and title, in whole or in part, to a subordinate commander. In occupied territory the commander, by virtue of his position, has supreme legislative, executive, and judicial authority, limited only by the laws and customs of war and by directives from higher authority.”
In other words, the highest-ranking officer in the theater of occupied territory is duty bound to transform the civilian government of the occupied State into a military government that would be presided over by the Army theater commander to be called a “military governor.” The civilian government of the occupied State remains intact, except for the legislative branch, because the military governor “has supreme legislative, executive, and judicial authority, limited only by the laws and customs of war and by directives from higher authority.”
If the theater commander refuses to establish a military government, he can be held accountable by court martial or by non-judicial punishment under the Uniform Code of Military Justice (UCMJ). There are two offenses under the UCMJ that would collectively apply. The first offense is willfully disobeying a regulation where the maximum punishment is dishonorable discharge and up to 2 years in prison. The second offense is willful dereliction of duty that carries a maximum punishment of bad conduct discharge and up to 6 months in prison. Collectively, the theater commander could face a total of 2.5 years in prison.
For the occupied Government, there is a duty to protect the population from war crimes committed on occupied territory. Rule 158 of the International Committee of the Red Cross Study on Customary International Humanitarian Law specifies that “States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects. They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.”
Under international criminal law, the willful failure to establish a military government is a violation of article 43 of the 1907 Hague Regulations and article 64 of the Fourth Geneva Convention. This is especially egregious when the failure to establish a military government to administer the laws of the occupied State allows the imposition of the laws of the occupied State within a foreign country’s territory is the war crime of usurpation of sovereignty. So, the willful refusal to establish a military government is the war crime by omission.
To prepare for the transition to a military government, the Council of Regency, on October 10, 2014, proclaimed provisional laws for the Hawaiian Kingdom in order to bring the laws of 1893 up to date. The proclamation stated that all Federal, State of Hawai‘i and County laws shall be the provisional laws of the Hawaiian Kingdom so long as these laws do not run “contrary to the express, reason and spirit of the laws Hawaiian Kingdom.” On August 1, 2023, the Minister of the Interior published a memorandum on the formula to be applied in determining which American laws can be considered provisional laws of the kingdom.
After the Council of Regency was made aware that the State of Hawai‘i Attorney General instructed Major General Kenneth Hara to ignore the call to establish a military government, Dr. Keanu Sai, as Head of the Royal Commission of Inquiry sent a letter on June 22, 2024, to the Army National Guard Staff Judge Advocate, Lieutenant Colonel Phelps. The letter opened with:
It has been brought to my attention, that State of Hawai‘i Attorney General Anne E. Lopez has instructed Major General Kenneth Hara and Brigadier General Stephen Logan to ignore my efforts in calling upon MG Hara to perform his military duty of transforming the State of Hawai‘ into a military government. This baseless statement by Mrs. Lopez has criminal repercussions for herself and MG Hara for the war crime by omission. She has no lawful authority in the Hawaiian Islands because American laws do not apply here. There is no treaty of cession whereby the Hawaiian Kingdom ceded its territorial sovereignty to the United States. Therefore, sovereignty remains in the Hawaiian Kingdom, which the Permanent Court of Arbitration (“PCA”) recognized in 1999 in Larsen v. Hawaiian Kingdom. The PCA recognized the continued existence of the Hawaiian Kingdom as a “State,” and the Council of Regency as its government. At the center of the international dispute was the unlawful imposition of American municipal laws.
This interference by a civilian of a clear military duty is a very serious matter in military law for MG Hara. For MG Hara to not perform his duty of establishing a military government, Lopez would have to show him clear and irrefutable evidence that the Hawaiian Kingdom does not exist as an occupied State under international law. She did not show any such evidence. In closing, the letter stated:
As a result of the continuing and ongoing violations of the law of armed conflict, the law of occupation, and Army regulations, the Royal Commission of Inquiry is left with no choice but to take this particular course of action in order to compel the performance of a military duty to transform the State of Hawai‘i into a military government under the law of armed conflict, the law of occupation, and Army regulations. At present, there are two scenarios for MG Hara.
FIRST SCENARIO: Since the public announcement by MG Hara that he will be retiring in October of 2024, the third element of the offense of dereliction of duty—willfulness would appear to have been met. As a result, the Royal Commission of Inquiry (“RCI”) will publish a war criminal report on MG Hara for the war crime by omission for his failure to transform the State of Hawai‘i into a military government. Mrs. Lopez would be included in this report as an accomplice.
After the RCI’s publication, BG Logan to assume the chain of command to perform the duty by establishing a military government according to the Council of Regency’s operational order dated August 14, 2023. BG Logan shall reach out to the 322nd Civil Affairs Brigade, Fort Shafter, to advise him on the function of a military government. It is a function of Civil Affairs to advise commanders on military governments. BG Logan will also hold MG Hara accountable for dereliction of duty by court-martial or nonjudicial punishment, under Article 15, UCMJ. The information in the RCI war criminal report will be the evidential basis for punishment. To not hold MG Hara accountable for dereliction of duty sets the wrong standard for the entire National Guard.
SECOND SCENARIO: To relieve MG Hara from criminal culpability and for the RCI to refrain from publishing a war criminal report, MG Hara must delegate his authority to BG Logan to perform his duty, and, thereafter, MG Hara immediately resigns. This delegation of authority is authorized under paragraph 3, Army Field Manual 27-5, that states the “theater command bears full responsibility for [military government]; […] but has authority to delegate authority and title, in whole or in part, to a subordinate commander.” This regulation provides a window for MG Hara to delegate authority because he is currently the theater commander. The second scenario is time sensitive. When the RCI concludes, with evidence, that MG Hara refuses to delegate authority, the first scenario will be implemented.
Should BG Logan be derelict of his duty, a war criminal report on him will be drafted and published, and the next officer in the Army National Guard’s chain of command, Colonel David Hatcher II, commander of the 29th Infantry Combat Brigade, will assume the chain of command. This process of publishing war criminal reports will continue down the chain of command to the last enlisted soldier in the Hawai‘i Army National Guard, after, which, it will begin anew with the chain of command for the Hawai‘i Air National Guard down to the last enlisted soldier.
The American occupation is now at 131 years, which is unacceptable. I provided MG Hara and yourself more than enough time to falsify the information and legal basis for the American occupation and the continued existence of the Hawaiian Kingdom under international law. Falsification would have rendered MG Hara without this military duty to perform. Neither yourself nor the State of Hawai‘i, to include Mrs. Lopez, has ever provided rebuttable evidence as to the presumption of the continuity of the Hawaiian State under international law. Because he is aware of his duty under military law, MG Hara, as the theater commander, is directly responsible for all the war crimes being committed by members of the State of Hawai‘i. There are no statutes of limitations for the prosecution of war crimes. The RCI’s published war criminal reports provides the necessary evidence of the actus reus and mens rea for prosecution. As the Staff Judge Advocate, I recommend that you advise your senior military leadership not to take this communication lightly. I am including, with this letter, an RCI memorandum on bringing the American occupation of Hawai‘i to an end by establishing a American military government.
I am also attaching two recent law articles that were published by the International Review of Contemporary Law by myself as Head of the RCI, and by Professor Federico Lenzerini as the Deputy Head of the RCI. I am including these documents to inform you of the military duty to establish a military government and the legal consequences for not performing the military duty.
On June 15, 2024, the Royal Order of Kamehameha I sent a letter to State of Hawai‘i Adjutant General Major General Kenneth Hara to perform his duty of transforming the State of Hawai‘i into a Military Government. Here is a link to download the letter.
Aloha Major General Hara:
We the members of the Royal Order of Kamehameha I (including Na Wahine O Kamehameha), was established in the early 1900s to maintain a connection to our country, the Hawaiian Kingdom, despite the unlawful overthrow of our country’s government on January 17, 1893, by the United States.
Our people have suffered greatly in the aftermath of the overthrow, but we, as Native Hawaiian subjects, have survived. Our predecessors, who established the Royal Order of Kamehameha I, had a national consciousness of their country that we didn’t have because of the Americanization of these islands. We, today, were taught that our country no longer existed and that we are now American citizens. We now know that this is not true.
When the Government was restored in 1997, the Council of Regency embarked on a monumental task to ho‘oponopono (right the wrong) from a legal standpoint. Their success to get the Permanent Court of Arbitration in The Hague, Netherlands, to recognize the continued existence of our country and the Council of Regency as our government was no small task. When the Council of Regency returned from the Netherlands in 2000, they embarked on an educational campaign to restore the national consciousness of the Hawaiian Kingdom in the minds of its people. This led to classes being taught on the American occupation of the Hawaiian Kingdom at the University of Hawai‘i, High Schools, Middle Schools, Elementary Schools, and Preschools throughout the Hawaiian Islands.
In 2018, the Hawai‘i State Teachers Association was able to get their resolution passed at the annual conference of the National Education Association in Boston, Massachusetts. The resolution stated, “The NEA will publish an article that documents the illegal overthrow of the Hawaiian Monarchy in 1893, the prolonged illegal occupation of the United States in the Hawaiian Kingdom and the harmful effects that this occupation has had on the Hawaiian people and resources of the land.” The HSTA asked Dr. Keanu Sai to write three articles, which were published on the NEA website. Dr. Sai is the Chairman of the Council of Regency, and he led the legal team for the Hawaiian Kingdom at the Permanent of Court of Arbitration in Larsen v. Hawaiian Kingdom.
Because of this educational campaign, we are now aware that our country still exists and, as a people, we must owe allegiance to the Hawaiian Kingdom as our predecessors did. This is not a choice, but an obligation as Hawaiian subjects. We also acknowledge that the Council of Regency is our government that was lawfully established under extraordinary circumstances, and we support its effort to bring compliance with the law of occupation by the State of Hawai‘i on behalf of the United States, which will eventually bring the American occupation to close. When this happens, our Legislative Assembly will be brought into session so that Hawaiian subjects can elect a Regency of our choosing. The Council of Regency is currently operating in an acting capacity that is allowed under Hawaiian law.
Because of the high cost of living brought here because of the unlawful American presence, the majority of Native Hawaiians now reside in the United States. The U.S. Census reported that in 2020, that of the total of 680,442 Native Hawaiians, 53 percent live in the United States. The driving factors that led to the move were not being able to afford a home and adequate health care. Dr. Sai, as the Minister of the Interior, clearly explains this in his memorandum where he states,
While the State of Hawai‘i has yet to transform itself into a Military Government and proclaim the provisional laws, as proclaimed by the Council of Regency, that brings Hawaiian Kingdom laws up to date, Hawaiian Kingdom laws as they were prior to January 17, 1893, continue to exist. The greatest dilemma for aboriginal Hawaiians today is having a home and health care. Average cost of a home today is $820,000.00. And health care insurance for a family of 4 is at $1,500 a month. According to the Office of Hawaiian Affairs’ Native Hawaiian Health Fact Sheet 2017, “Today, Native Hawaiians are perhaps the single racial group with the highest health risk in the State of Hawai‘i. This risk stems from high economic and cultural stress, lifestyle and risk behaviors, and late or lack of access to health care.”
Under Hawaiian Kingdom laws, aboriginal Hawaiian subjects are the recipients of free health care at Queen’s Hospital and its outlets across the islands. In its budget, the Hawaiian Legislative Assembly would allocate money to the Queen’s Hospital for the healthcare of aboriginal Hawaiian subjects. The United States stopped allocating moneys from its Territory of Hawai‘i Legislature in 1909. Aboriginal Hawaiian subjects are also able to acquire up to 50 acres of public lands at $20.00 per acre under the 1850 Kuleana Act. With the current rate of construction costs, which includes building material and labor, an aboriginal Hawaiian subject can build 3-bedroom, 1-bath home for $100,000.00.
Hawaiian Kingdom laws also provide for fishing rights that extend out to the first reef or where there is no reef, out to 1 mile, exclusively for all Hawaiian subjects and lawfully resident aliens of the land divisions called ahupua‘a or ‘ili. From that point out to 12 nautical miles, all Hawaiian subjects and lawfully resident aliens have exclusive access to economic activity, such as mining underwater resources and fishing. Once the United Nations Convention on the Law of the Sea is acceded to by the Council of Regency, this exclusive access to economic activity will extend out to 200 miles called the Exclusive Economic Zone.
On behalf of the members of the Royal Order, I respectfully call upon you to carry out your duty to proclaim the transformation of the State of Hawai‘i into a Military Government so that all Hawaiian subjects, and their families, would be able to exercise their rights secured to them under Hawaiian Kingdom law and protected by the international law of occupation. We urge you to work with the Council of Regency in making sure this transition is not only lawful but is done for the benefit of all Hawaiian subjects that are allowed under Hawaiian Kingdom law, the 1907 Hague Regulations and the 1949 Fourth Geneva Convention.
The International Review of Contemporary Law released its volume 6, no. 2, earlier this month. The theme of this journal is “77 Years of the United Nations Charter.” The Head, Dr. Keanu Sai, and Deputy Head, Professor Federico Lenzerini, of the Royal Commission of Inquiry that investigates war crimes and human rights violations committed in the Hawaiian Kingdom, each had an article published in the journal.
At the United Nations World Summit in 2005, the Responsibility to Protect was unanimously adopted. The principle of the Responsibility to Protect has three pillars: (1) every State has the Responsibility to Protect its populations from four mass atrocity crimes—genocide, war crimes, crimes against humanity and ethnic cleansing; (2) the wider international community has the responsibility to encourage and assist individual States in meeting that responsibility; and (3) if a state is manifestly failing to protect its populations, the international community must be prepared to take appropriate collective action, in a timely and decisive manner and in accordance with the UN Charter. In 2009, the General Assembly reaffirmed the three pillars of a State’s responsibility to protect their populations from war crimes and crimes against humanity. And in 2021, the General Assembly passed a resolution on “The responsibility to protect and the prevention of genocide, war crimes, ethnic cleansing and crimes against humanity.” The third pillar, which may call into action State intervention, can become controversial.
Rule 158 of the International Committee of the Red Cross Study on Customary International Humanitarian Law specifies that “States must investigate war crimes allegedly committed by their nationals or armed forces, or on their territory, and, if appropriate, prosecute the suspects. They must also investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.” This “rule that States must investigate war crimes and prosecute the suspects is set forth in numerous military manuals, with respect to grave breaches, but also more broadly with respect to war crimes in general.”
Determined to hold to account individuals who have committed war crimes and human rights violations throughout the Hawaiian Islands, being the territory of the Hawaiian Kingdom, the Council of Regency, by proclamation on 17 April 2019, established a Royal Commission of Inquiry (“RCI”) in similar fashion to the United States proposal of establishing a Commission of Inquiry after the First World War “to consider generally the relative culpability of the authors of the war and also the question of their culpability as to the violations of the laws and customs of war committed during its course.” The author serves as Head of the RCI and Professor Federico Lenzerini from the University of Siena, Italy, as its Deputy Head. This article will address the first pillar of the principle of Responsibility to Protect.
As a factual situation, the occupation of Hawai‘i by the US does not substantially differ from the examples provided in the previous section. Since the end of the XIX Century, however, almost no significant positions have been taken by the international community and its members against the illegality of the American annexation of the Hawaiian territory. Certainly, the level of military force used in order to overthrow the Hawaiian Kingdom was not even comparable to that employed in Kuwait, Donbass or even in Crimea. In terms of the illegality of the occupation, however, this circumstance is irrelevant, because, as seen in section 2 above, the rules of international humanitarian law regulating military occupation apply even when the latter does not meet any armed resistance by the troops or the people of the occupied territory. The only significant difference between the case of Hawai‘i and the other examples described in this article rests in the circumstance that the former occurred well before the establishment of the United Nations, and the resulting acquisition of sovereignty by the US over the Hawaiian territory was already consolidated at the time of their establishment. Is this circumstance sufficient to uphold the position according to which the occupation of Hawai‘i should be treated differently from the other cases? An attempt to provide an answer to this question will be carried out in the next section, through examining the possible arguments which may be used to either support or refute such a position.
In the next section, Professor Lenzerini undermines the argument that international law in 1893 allowed the occupying State, in this case the United States, to have acquired the sovereignty of the Hawaiian Kingdom because the United States exercised effective control over the territory. He wrote:
The main argument that could be used to deny the illegality of the US occupation of Hawai‘i rests in the doctrine of intertemporal law. According to this doctrine, the legality of a situation “must be appraised […] in the light of the rules of international law as they existed at that time, and not as they exist today”. In other words, a State can be considered responsible of a violation of international law—implying the determination of the consequent “secondary” obligation for that State to restore legality—only if its behaviour was prohibited by rules already in force at the time when it was held. In the event that one should ascertain that at the time of the occupation of Hawai‘i by the US international law did not yet prohibit the annexation of a foreign territory as a consequence of the occupation itself, the logical conclusion, in principle, would be that the legality of the annexation of Hawai‘i by the United States cannot reasonably be challenged. In reality even this conclusion could probably be disputed through using the argument of “continuing violations”, by virtue of the violations of international law which continue to be produced today as a consequence of the American occupation and of its perpetuation. In fact, it is a general principle of international law on State responsibility that “[t]he breach of an international obligation by an act of a State having a continuing character extends over the entire period during which the act continues and remains not in conformity with the international obligation”.
However, it appears that there is no need to rely on this argument, for the reason that also an intertemporal-law-based perspective confirms the illegality—under international law—of the annexation of the Hawaiian Islands by the US. In fact, as regards in particular the topic of military occupation, the affirmation of the ex injuria jus non oritur rule predated the Stimson doctrine, because it was already consolidated as a principle of general international law since the XVIII Century. In fact, “[i]n the course of the nineteenth century, the concept of occupation as conquest was gradually abandoned in favour of a model of occupation based on the temporary control and administration of the occupied territory, the fate of which could be determined only by a peace treaty”, in other words, “the fundamental principle of occupation law accepted by mid-to-late 19th-century publicists was that an occupant could not alter the political order of territory”. Consistently, “[l]es États qui se font la guerre rompent entre eux les liens formés par le droit des gens en temps de paix; mais il ne dépend pas d’eux d’anéantir les faits sur lesquels repose ce droit des gens. Ils ne peuvent détruire ni la souveraineté des États, ni leur indépendance, ni la dépendance mutuelle des nations”. This was already confirmed by domestic and international practice contemporary to the occupation of the Hawaiian Kingdom by the United States. For instance, in 1915, in a judgment concerning the case of a person who was arrested in a part of Russian Poland occupied by Germany and deported to the German territory without the consent of Russian authorities, the Supreme Court of Germany held that an occupied enemy territory remained enemy and did not become national territory of the occupant as a result of the occupation.
Professor Lenzerini when on to state:
In light of the foregoing, it appears that the theories according to which the effective and consolidated occupation of a territory would determine the acquisition of sovereignty by the occupying power over that territory—although supported by eminent scholars—must be confuted. Consequently, under international law, “le transfert de souveraineté ne peut être considéré comme effectué judiquement que par l’entrée en vigueur du Traité qui le stipule et à dater du jour de cette mise en vigueur”, which means that “[t]he only form in which a cession [of territory] can be effected is an agreement embodied in a treaty between the ceding and the acquiring State. Such treaty may be through the outcome of peaceable negotiations or of war.” This conclusion had been confirmed, among others, by the US Supreme Court Justice John Marshall in 1928, holding that the fate of a territory subjected to military occupation had to be “determined at the treaty of peace.”
There is no treaty where the Hawaiian Kingdom ceded its territorial sovereignty to the United States. The American military occupation of the Hawaiian Kingdom is now at 131 years.
There’s been a change in schedule for Dr. Keanu Sai’s presentation at the Festival of the Pacific Culture and Arts held at the Hawai‘i Convention Center. Dr. Sai was previously scheduled to present on the American Occupation at 11:00am to 12:30pm in the Kaua‘i Room 311. It is now changed to 10:30am to 12 noon in the same Kaua‘i Room 311.
Dr. Keanu Sai will do a presentation on the American occupation of the Hawaiian Kingdom at the 13th Festival of Pacific Arts and Culture. Dr. Sai’s presentation will be on Thursday, June 13, 2024, from 11:00am to 12:30pm in the Kaua‘i Room 311 at the Hawai‘i Convention Center.
The Festival of Pacific Arts & Culture (FestPAC) is the world’s largest celebration of indigenous Pacific Islanders. The South Pacific Commission (now The Pacific Community – SPC) launched this dynamic showcase of arts and culture in 1972 to halt the erosion of traditional practices through ongoing cultural exchange. It is a vibrant and culturally enriching event celebrating the unique traditions, artistry, and diverse cultures of the Pacific region. FestPAC serves as a platform for Pacific Island nations to showcase their rich heritage and artistic talents.
The roots of FestPAC trace back to the 1970s when Pacific Island nations commenced discussion on the need to preserve and promote their unique cultural identities. The hope was to create a space where Pacific Islanders could convene to share their traditional arts, crafts, music, dance, and oral traditions with the world. This initiative was driven by the desire to strengthen cultural bonds among Pacific Island communities and foster a greater understanding of their cultures.
The inaugural Festival of Pacific Art and Culture took place in 1972 in Suva, Fiji. Over the years, FestPAC has evolved and grown in stature, becoming a highly anticipated event for both Pacific Islanders and visitors from around the world. The festival has not only preserved traditional arts and culture but has also served as a platform for contemporary Pacific Island artists to express their creativity and address contemporary issues.
One of the festival’s most important objectives is to promote cultural exchange and understanding among the participating nations. It provides an opportunity for artists and cultural practitioners to learn from each other, share stories, and forge lasting connections. FestPAC serves as a reminder of the common heritage that binds Pacific Island nations and highlights the importance of preserving and celebrating their heritage.
Since its inception, FestPAC has been hosted by different Pacific Island nations on a rotational basis. Each host country takes on the responsibility of organizing and hosting the festival, providing a unique opportunity to showcase their own culture and hospitality. Host nations have all played a pivotal role in the festival’s success. They have worked tirelessly to create a welcoming and vibrant atmosphere for artists and visitors alike, ensuring that FestPAC remains a foundation of cultural exchange and celebration in the Pacific.
In an unprecedented move by 37 Police Officers, both active and retired across the Hawaiian Islands, they have collectively called upon the State of Hawai‘i Adjutant General Army Major General Kenneth Hara to comply with international law and the law of occupation.
International law requires that since the State of Hawai‘i is in effective control of 10,931 square miles of Hawaiian territory, and the federal government is in effective control of less than 500 square miles, it is the State of Hawai‘i that is responsible for transforming itself into a military government. Under the law of occupation, a military government is responsible for temporarily administering the laws of the occupied State, the Hawaiian Kingdom, until a peace treaty has been agreed upon between the Hawaiian Kingdom and the United States. The peace treaty will bring the occupation to an end. In the meantime, a military government will enforce the laws of the Hawaiian Kingdom, and it is only through effective control of territory that it can enforce Hawaiian laws.
On January 17, 1893, the insurgents, calling themselves the executive and advisory councils under the armed protection of U.S. Marines, only replaced the Queen, her Cabinet of 4 Ministers, and the Marshal. Everyone in the executive and judicial branches of government were told to stay in place and sign oaths of allegiance to the new regime. The civilian government name was changed from the Hawaiian Kingdom Government to the provisional government. On July 4, 1894, the name was changed to the Republic of Hawai‘i.
After the United States unlawfully annexed the Hawaiian Islands in 1898, the name of the government was changed to the Territory of Hawai‘i in 1900. In 1959, the name was again changed to the State of Hawai‘i. The State of Hawai‘i is the civilian government of the Hawaiian Kingdom. Under international law, this civilian government’s executive and judicial branches of government continue with the exception of the legislative branch. Major General Hara, who would be called the Military Governor, only replaces civilian Governor Josh Green. Major General Hara is the highest Army general officer in the State of Hawai‘i command structure.
According to the U.S. Manual for Courts-Martial, a duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the Service. In this case, MG Hara’s duty is imposed upon him by Article 43 of the 1907 Hague Regulations, and U.S. Department of Defense Directive 5000.1, which states it is the function of the Army in occupied territories abroad to provide for the establishment of a military government pending transfer of this responsibility to the Hawaiian Kingdom Government when the occupation comes to an end. The Council of Regency’s Operational Plan for transitioning the State of Hawai‘i into a Military Government explains this in full.
On May 29, 2024, these 37 Police Officers mailed a letter to Major General Hara, Deputy Adjutant General Brigadier General Stephen Logan, and Staff Judge Advocate Lloyd Phelps explaining why they have taken this position. The letter stated:
We hope this letter finds you in good health and high spirits. We are writing to you on behalf of a deeply concerned group of Active and Retired law enforcement officers throughout the Hawaiian Islands, about the current governance of Hawaii and its impact on the vested rights of Hawaiian subjects under Hawaiian Law.
As you are well aware, the historical transition of Hawai‘i from a sovereign kingdom to a U.S. state is fraught with significant legal and ethical issues. The overthrow of the government of the Hawaiian Kingdom in 1893 and its subsequent annexation by the United States in 1898 continue to be an illegal act. The Hawaiian Kingdom was recognized as a Sovereign State by the Permanent Court of Arbitration in The Hague, Netherlands, in Larsen vs. Hawaiian Kingdom (https://pca-cpa.org/en/cases/35/).
At the center of the dispute, as stated on the PCA’s website on the Larsen case, was the unlawful imposition of American laws over Lance Larsen, a Hawaiian subject, that led to an unfair trial and incarceration. It was a police officer, who believed that Hawai‘i was a part of the United States and that he was carrying out his lawful duties, that cited Mr. Larsen, which led to his incarceration. That police officer now knows otherwise and so do we. This is not the United States but rather the Hawaiian Kingdom as an occupied State under international law.
It is deeply troubling that the State of Hawaii has not been transitioned into a military government as mandated by international law. This failure of transition places current police officers on duty that they may be held accountable for unlawfully enforcing American laws. This very issue was brought to the attention of the Maui County Corporation Counsel by Maui Police Chief John Pelletier in 2022. In their request to Chief Pelletier, which is attached, Detective Kamuela Mawae and Patrol Officer Scott McCalister, stated:
We are humbly requesting that either Chief John Pelletier or Deputy Chief Charles Hank III formally request legal services from Corporation Counsel to conduct a legal analysis of Hawai‘i’s current political status considering International Law and to assure us, and the rest of the Police Officers throughout the State of Hawai‘i, that we are not violating International Law by enforcing U.S. domestic laws within what the federal lawsuit calls the Hawaiian Kingdom that continues to exist as a nation state under international law despite its government being overthrown by the United States on 01/17/1893.
Police Chief Pelletier did make a formal request to Corporation Counsel, but they did not act upon the request, which did not settle the issue and the possible liability that Police Officers face.
Your failure to initiate such a transition may be construed as a violation of the 1907 Hague Regulations and the 1949 Geneva Convention, which outlines the obligations of occupying powers. Also, your actions, or lack thereof, deprive Hawaiian subjects of the protections and rights they are entitled to under Hawaiian Kingdom laws and international humanitarian law. According to the Geneva Convention, occupying powers are obligated to respect the laws in force in the occupied territory and protect the rights of its inhabitants. Failure to comply with these obligations constitutes a serious violation and can result in accountability for war crimes for individuals in positions of authority.
The absence of a military government perpetuates an unlawful governance structure that has deprived the rights of Hawaiian subjects which is now at 131 years. The unique status of these rights is explained at this blog article on the Council of Regency’s weblog titled “It’s About Law—Native Hawaiian Rights are at a Critical Point for the State of Hawai‘i to Comply with the Law of Occupation” (https://hawaiiankingdom.org/blog/native-hawaiians-are-at-a-critical-point-for-the-state-of-hawaii-to-comply-with-the-law-of-occupation/). It is imperative that steps be taken to rectify these historical injustices and ensure the protection of the vested rights of Hawaiian subjects.
We also acknowledge that the Council of Regency is our government that was lawfully established under extraordinary circumstances, and we support its effort to bring compliance with the law of occupation by the State of Hawai‘i, on behalf of the United States, which will eventually bring the American occupation to a close. When this happens, our Legislative Assembly will be brought into session so that Hawaiian subjects can elect a Regency of our choosing. The Council of Regency is currently operating in an acting capacity that is allowed under Hawaiian law.
We urge you to work with the Council of Regency in making sure this transition is not only lawful but is done for the benefit of all Hawaiian subjects. Please consider the gravity of this situation and take immediate action to establish a military government in Hawaii. Such a measure would align with international law and demonstrate a commitment to justice, fairness, and the recognition of the rights of Native Hawaiians. Thank you for your attention to this critical issue. We look forward to your prompt response and to any actions you will take to address these concerns.
The 37 names and ranks of Police Officers, that included both active and retired, is a very impressive list. The names are listed in order of rank, which includes a Police Chief, an Assistant Chief, a Deputy Chief, 2 Captains, 5 Lieutenants, 5 Detectives, 10 Sergeants, and 12 Officers. Alika Desha, a retired Honolulu Police Department Officer, signed the letter on behalf of the 36 named Police Officers. Desha was asked why did they send their letter to Major General Hara. He responded:
Having learned the truth about the illegal overthrow of Hawai‘i’s government and the continued illegal occupation of the United States in Hawai‘i has a profound impact on our Law Enforcement Officers enforcing US laws. Trying to get clarity with Corp Council on liability issues Officers face by enforcing laws of an invading country is like riding on a never ending merry go round.
There is a code of ethics that we as police officers understand that assist in guiding us throughout our life. Part of it says that it is our fundamental duty to serve mankind; to protect the innocent against deception and the weak against oppression or intimidation. An invading country thought that the truth can be hidden with cover-ups and decorations. But as time goes by, what is true is revealed, and what is fake fades away.
As Law Enforcement Officers we will continue to share the truth and fight the wrong.
The Police Departments trace their origin to May 4, 1847, when King Kamehameha III signed into law a Joint Resolution to amend “Act to Organize the Executive Departments of the of the Hawaiian Islands.” The highest ranking officer was the Marshal, who was also the Sheriff for the Island of O‘ahu. Upon the Marshal’s recommendation, the Governors of Hawai‘i Island, Maui, and Kaua‘i would appoint Sheriffs. Under the Sheriffs, the cadre of officers were called Constables.
The purpose of this blog of the Council of Regency is to provide accurate information to inform the people of Hawai‘i about the prolonged occupation of the Hawaiian Kingdom and the steps the Council of Regency are taking to eventually bring the American occupation to an end. Misinformation will not be tolerated, especially on matters that have severe consequences for the population that resides within the occupied State of the Hawaiian Kingdom.
The Congress is the legislative branch of the Government of the United States whose authority includes the enactment of laws and providing oversight of the executive branch. The term plenary power refers to the complete or absolute authority, which is frequently used to describe the commerce power of the Congress. Complete or absolute authority means that only the Congress has this power of enacting commercial laws.
Of the three branches of the U.S. Government—the legislative, the executive, and the judicial, only the executive branch can exercise its authority outside of U.S. territory through the Department of State and the Department of Defense. In United States v. Curtiss-Wright Corporation (1936), U.S. Supreme Court explained:
Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it.
On the subject of the limits of the Congress to enact laws, whether commercial laws or not, the U.S. Supreme Court, in the Curtiss-Wright case, also stated:
Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens (see American Banana Co. v. United Fruit Co.,213 U. S. 347, 213 U. S. 356), and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.
Because the Hawaiian Kingdom is foreign territory and cannot exist within the territory of the United States, Major General Hara’s duty to transform the State of Hawai‘i into a Military Government stem from him being a part of the executive branch, the U.S. Department of Defense. The presence of the United States can only be allowed under the strict guidelines and rules of the 1907 Hague Regulations and the 1949 Fourth Geneva Convention, and not the plenary power of the Congress. The transformation into a military government will bring the United States into compliance with “treaties, international understandings and compacts, and the principles of international law.”
On April 26, 2024, the Minister of the Interior published a memorandum addressing the effects of an illegal occupation by the United States since January 17, 1893, the restoration of the Hawaiian Kingdom Government on February 28, 1997, the Permanent Court of Arbitration’s recognition of the continuity of the Hawaiian Kingdom and the Council of Regency as its government on November 8, 1999, exposure of the continuity of Hawaiian Kingdom Statehood since 2001, transforming the State of Hawai‘i into a Military Government, and the continuity of rights of Hawaiian subjects under Hawaiian Kingdom laws to land, healthcare, and fishing.
The Minister of the Interior’s purpose was to have the memorandum disseminated amongst the national population of the Hawaiian Kingdom so that they know certain rights they have under Hawaiian Kingdom law and to know the circumstances by which these rights can be exercised for their benefit. The exercising of these rights to land, healthcare, and fishing, would greatly enhance their lives and their families in Hawai‘i. Under the law of occupation, it is the responsibility of a Military Government that would ensure these rights can be exercised.
Dr. Keanu Sai’s presentation to the Maui County Council on March 6, 2024, on the plan to have the State of Hawai‘i transform into a Military Government so that it can begin to comply with the law of occupation.
Now at 131 years of an illegal and prolonged occupation, the Hawaiian Kingdom is finally at the stage of actionable compliance with the law of occupation by the State of Hawai‘i, on behalf of the United States, setting the course to bring the American occupation to an end. This process begins when Army Major General Kenneth Hara, Director of the State of Hawai‘i Department of Defense, proclaims that the State of Hawai‘i has been transformed into a Military Government so that it will begin to administer the laws of the Hawaiian Kingdom that existed prior to the occupation on January 17, 1893, and the provisional laws proclaimed by the Council of Regency in 2014, so that these nineteenth century laws can be brought up to date. The proclamation stated:
And, We do hereby proclaim that from the date of this proclamation all laws that have emanated from an unlawful legislature since the insurrection began on July 6, 1887 to the present, to include United States legislation, shall be the provisional laws of the Realm subject to ratification by the Legislative Assembly of the Hawaiian Kingdom once assembled, with the express proviso that these provisional laws do not run contrary to the express, reason and spirit of the laws of the Hawaiian Kingdom prior to July 6, 1887, the international laws of occupation and international humanitarian law.
On August 1, 2023, the Minister of the Interior published a memorandum that provides the formula for determining which laws of the United States, State of Hawai‘i, and Counties, presently being imposed in the territory of the Hawaiian Kingdom, shall be considered the provisional laws.
Why is this important for Native Hawaiians who comprise the majority of the national population of the Hawaiian Kingdom called Hawaiian subjects? Because the greatest dilemma facing Native Hawaiians today is not having a home and not having adequate health care. According to the Office of Hawaiian Affairs’ Native Hawaiian Health Fact Sheet 2017, “Today, Native Hawaiians are perhaps the single racial group with the highest health risk in the State of Hawai‘i. This risk stems from high economic and cultural stress, lifestyle and risk behaviors, and late or lack of access to health care.”
The cost of living under American control has placed Hawai‘i as the most expensive place in the United States to live. According to the Missouri Economic Research and Information Center in 2023, Hawai‘i has the highest cost of living in the United States with an index of 180.3. The national average index was at 100. The cost of living is calculated by combining the cost for groceries, housing, utilities, transportation, and health care. This reality forced Native Hawaiians to move to America, where they outnumber the population of Native Hawaiians in Hawai‘i. The U.S. Census report indicated that in 2020, there were a total of 680,442 Native Hawaiians, with 47 percent residing in Hawai‘i, and 53 percent residing in the United States.
The average cost of a home in Hawai‘i is $820,000.00, and health care insurance for a family of 4 is approximately at $1,500 a month. Under Hawaiian Kingdom laws, Native Hawaiians, who are called aboriginal Hawaiian subjects under Hawaiian law, are the recipients of free health care at Queen’s Hospital and at its outlets across the islands today. Aboriginal Hawaiian subjects are also able to acquire up to 50 acres of public lands at $20.00 per acre under the 1850 Kuleana Act, which has not been repealed. With the current rate of construction costs, which includes building material and labor, an aboriginal Hawaiian subject can build a 3 bedroom 1 bath home for $100,000.00, which is far less than the average cost of a home today.
Hawaiian Kingdom laws also provide for fishing rights that extend out to the first reef or where there is no reef, out to 1 mile, exclusively for all Hawaiian subjects and lawfully resident aliens of the land divisions called ahupua‘a or ‘ili, such as the ahupua‘a of Waimanalo and the ‘ili of Kuli‘ou‘ou. This is an important Hawaiian law because, since the American presence, anyone can access and deplete these resources from the exclusive rights of the residents of the ahupua‘a or ‘ili.
From the first reef or from the one nautical mile marker point out to twelve nautical miles, all Hawaiian subjects and lawfully resident aliens have exclusive access to economic activity, such as access to underwater resources and fishing. Once the United Nations Convention on the Law of the Sea is acceded to by the Council of Regency, this exclusive access to economic activity will extend out to 200 miles called the Exclusive Economic Zone.
The 2024-2025 State of Hawai‘i $19.2 billion budget, gives MG Hara the resources to transform the State of Hawai‘i into a Military Government by reallocating monies in line with returning to the status quo ante of the Hawaiian Kingdom and its institutions as they were prior to the American occupation. In particular, MG Hara can immediately allocate monies to the Queen’s Hospital so that Native Hawaiians have access to free healthcare that has been secured under Hawaiian Kingdom law.
Since the restoration of the Government of the Hawaiian Kingdom in 1997, the Council of Regency has been on a track of compelling the United States and the State of Hawai‘i to comply with the international law of occupation. Its three-phase strategic plan was framed in order to achieve this objective.
Phase I—verification of the Hawaiian Kingdom as an independent State and a subject of international law. Phase II—exposure of Hawaiian Statehood within the framework of international law and the laws of occupation as it affects the realm of politics and economics at both the international and domestic levels. Phase III—restoration of the Hawaiian Kingdom as an independent State and a subject of international law. Phase III occurs when the American occupation comes to an end by a treaty of peace.
Critical to this strategy was to have a reputable international body recognize the continued existence of the Hawaiian Kingdom as a State under international law, which is phase 1. Phase 1 was not seeking international recognition of the Hawaiian Kingdom as a new State because recognition was already afforded in the nineteenth century. Rather, phase 1 was seeking the recognition of the Hawaiian Kingdom’s “continuity” as a State and its laws. The Regency knew that international law clearly provided for the Hawaiian Kingdom’s continued existence despite the illegal overthrow of its Government by the United States on January 17, 1893. What was needed, however, was to have an international body conclude, by an application of relevant international laws, that the Hawaiian State indeed “continues” to exist. Phase 1 would be a very complex legal situation to play out.
Because the State under international law is a legal entity, it needs a government to speak on its behalf no different than how a business corporation is a legal entity that needs a CEO and a Board of Directors to speak on its behalf. Without a physical body, the legal entity is silent but still legally exists. So, to get this matter before an international body, the Hawaiian Government had to first be in place in order to speak for the Hawaiian State. Another aspect to this, would be the legal competency for the Regency to be the lawful Government representing the Hawaiian State. This raises two issues, first the legal competency for the Regency to be established in accordance with Hawaiian Kingdom laws, and, second, whether the Regency needed diplomatic recognition to be the Government of the Hawaiian Kingdom.
Under international law, once recognition of the Hawaiian Kingdom as a sovereign and independent State was achieved in the nineteenth century, it was also the recognition of its government being a constitutional monarchy. Any successor Head of State since the original recognition of King Kamehameha III, as the Head of State, would not require diplomatic recognition so long as the successor became the Head of State in accordance with the laws of the Hawaiian Kingdom.
The legal doctrines of recognition of new governments only arise “with extra-legal changes in government” of an existing State. Successors to King Kamehameha III were not established through “extra-legal changes,” but rather under the constitution and laws of the Hawaiian Kingdom. According to Restatement (Third) of Foreign Relations Law of the United States, “Where a new administration succeeds to power in accordance with a state’s constitutional processes, no issue of recognition or acceptance arises; continued recognition is assumed.”
Under Hawaiian law, the Council of Regency serves in the absence of the Executive Monarch. While the last Executive Monarch was Queen Lili‘uokalani, who died on November 11, 1917, the office of the Executive Monarch remained vacant under Hawaiian constitutional law. There was no legal requirement for the Council of Regency, being the successor in office to Queen Lili‘uokalani under Hawaiian constitutional law, to obtain recognition from the United States to be the government of the Hawaiian Kingdom.
The United States’ recognition of the Hawaiian Kingdom, as an independent State on July 6, 1844, was also a recognition of its government—a constitutional monarchy. Successors in office to King Kamehameha III, who at the time of international recognition was King of the Hawaiian Kingdom, did not require diplomatic recognition. These successors included King Kamehameha IV in 1854, King Kamehameha V in 1863, King Lunalilo in 1873, King Kalākaua in 1874, Queen Lili‘uokalani in 1891, and the Council of Regency in 1997.
If the successor arose out of a revolution, which comes about through “extra-legal changes in government,” it would need diplomatic recognition as the de facto government that replaced the previous form of government. This is why the insurgency, calling itself the provisional government, needed diplomatic recognition as a de facto government by resident U.S. Minister John Stevens on January 17, 1893, to have any semblance of legality under international law. President Grover Cleveland, after investigating the overthrow, told the Congress, by message, on December 18, 1893:
When our Minister recognized the provisional government the only basis upon which it rested was the fact that the Committee of Safety had…declared it to exist. It was neither a government de facto [in fact] nor de jure [in law]. That it was not in such possession of the Government property and agencies as entitled it to recognition.
President Cleveland also undermined the status of the provisional government when he told the Congress, “the Government of the Queen…was undisputed and both the de facto and the de jure government.” In other words, they were not a successful revolution, and that the lawful government was the Hawaiian Kingdom as a constitutional monarchy. Instead, they were an insurgency and a puppet creation by the United States. On this note, the President told the Congress that the “provisional government owes its existence to an armed invasion by the United States.”
With the government in place since 1997, the legal complexities to achieve phase I were set and it played out at the Permanent Court of Arbitration (“PCA”) in The Hague, Netherlands. The PCA was established in 1899 by the United States and twenty-five other countries as an intergovernmental organization that provides a variety of dispute resolution services to the international community. In 1907, the 1899 Convention for the Pacific Settlement of International Disputes was superseded by the 1907 Convention for the Pacific Settlement of International Disputes. Presently, there are currently 122 countries that became contracting States to either the 1899 or the 1907 Conventions, which includes the United States.
On November 8, 1999, a dispute between Lance Paul Larsen, a Hawaiian subject, and the Hawaiian Kingdom was submitted to the PCA for settlement, which came to be known as Larsen v. Hawaiian Kingdom. Larsen was alleging that the government of the Hawaiian Kingdom, by its Council of Regency, should be liable for allowing the unlawful imposition of American laws. He alleged that these laws denied him a fair trial, which led to his incarceration.
Before the PCA could establish an arbitration tribunal to resolve the dispute, it had to verify that the Hawaiian Kingdom “continues” to exist as a State under international law and that its government is the Council of Regency. It did, and on June 9, 2000, the PCA established the arbitration tribunal comprised of three arbitrators. With phase 1 completed, phase 2 was initiated, which began the exposure of Hawaiian Statehood during oral hearings at the PCA on December, 7, 8, and 11, 2000.
Phase 2 was continued at the University of Hawai‘i at Mānoa, where for the past twenty-four years research, publications, and classroom instructions have begun to normalize the circumstance of the American occupation and the role of how the law of occupation will bring the American occupation to a close. This exposure phase will trigger compliance to the law of occupation by the State of Hawai‘i, but not the United States federal government.
The law of occupation obligates the entity of the occupying State, who is in effective control of a majority of the territory of the occupying State, to establish a military government to begin to administer the laws of the occupied State. When the United States occupied Japan from 1945 to 1952, General Douglas MacArthur served as the Military Governor overseeing the Japanese civilian government. The function of a military government is to provisionally administer the laws of the occupied State until there is a treaty of peace where the occupation will come to an end. When the 1951 San Francisco Peace Treaty with Japan came into force on April 28, 1952, the United States occupation of Japan came to an end.
In 1893, the United States did not establish a military government and it allowed their puppet governments, called the provisional government who later changed its name to the Republic of Hawai‘i on July 4, 1894, to impose its will on the population. After illegally annexing the Hawaiian Islands on July 7, 1898, the United States unlawfully imposed its own laws over the territory of the Hawaiian Kingdom through its puppets the Territory of Hawai‘i from 1900 to 1959, and the State of Hawai‘i from 1959 to the present. Under international law, all acts done by the United States are void and invalid because the United States does not have sovereignty over the Hawaiian Islands.
President Cleveland also stated to the Congress that the overthrow of the Government of the Hawaiian Kingdom was directly tied to an incident of war. He stated that by “an act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown.” The overthrow of the Government of the Hawaiian Kingdom did not affect the sovereignty and legal order of the Hawaiian Kingdom as a State. U.S. Army Field Manual 27-10 regulates the actions taken by U.S. troops during the military occupation of a foreign State. Paragraph 358 states:
Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress.
Only the Hawaiian Kingdom has sovereignty over the Hawaiian Islands and not the United States. International law does not allow two sovereignties to exist within one and the same State. In the S.S. Lotus case, which was a dispute between France and Turkey, the Permanent Court of International Justice explained:
Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from a convention (treaty).
The permissive rule under international law that allows one State to exercise authority over the territory of another State is Article 43 of the 1907 Hague Regulations and Article 64 of the 1949 Geneva Convention, that mandates the occupant to establish a military government to provisionally administer the laws of the occupied State until there is a treaty of peace. For the past 131 years, there has been no permissive rule of international law that allows the United States to exercise any authority in the Hawaiian Kingdom. Instead, it imposed its will over the population of the Hawaiian Kingdom by unlawfully imposing its laws, which was at the center of the Larsen case. The PCA described the Larsen v. Hawaiian Kingdom arbitration case on its website as:
Lance Paul Larsen, a resident of Hawaii, brought a claim against the Hawaiian Kingdom by its Council of Regency (“Hawaiian Kingdom”) on the grounds that the Government of the Hawaiian Kingdom is in continual violation of: (a) its 1849 Treaty of Friendship, Commerce and Navigation with the United States of America, as well as the principles of international law laid down in the Vienna Convention on the Law of Treaties, 1969 and (b) the principles of international comity, for allowing the unlawful imposition of American municipal laws over the claimant’s person within the territorial jurisdiction of the Hawaiian Kingdom.
To bring compliance with the law of occupation and to allow the presence of the United States, by virtue of the permissive rule embodied in the 1907 Hague Regulations and the 1949 Geneva Convention, the State of Hawai‘i must be transformed into a Military Government. The determining factor as to what entity of the United States has the duty to become a Military Government is the “effectiveness” test. Article 42 of the 1907 Hague Regulations clearly states, “Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised.” In other words, an entity cannot enforce the laws of the occupied State without being in effective control of the territory of the occupied State.
In this situation, it is the State of Hawai‘i and not the federal government that is in effective control of the majority of Hawaiian Kingdom territory, where the latter is only in effective control of less then 500 square miles while the former is in effective control of 10,931 square miles.
The officer of the State of Hawai‘i that has the duty to transform the State of Hawai‘i into a Military Government is the Director of the State of Hawai‘i Department of Defense U.S. Army Major General Kenneth Hara. Governor Josh Green is a civilian, and he has no direct link to the United States Department of Defense whose Directive no. 5100.01 explicitly states that one of the functions of the Army in “[occupied] territories abroad [is to] provide for the establishment of a military government pending transfer of this responsibility to other authority.”
Like General MacArthur, MG Hara would serve as the Military Governor. His actions, though, are constrained by international law and the law of occupation. International law also provides for the sharing of authority between the Military Governor and the Council of Regency. MG Hara does not have absolute authority. On this topic of shared authority, Professor Federico Lenzerini, in his legal opinion, explains:
Despite the fact that the occupation inherently configures as a situation unilaterally imposed by the occupying power—any kind of consent of the ousted government being totally absent—there still is some space for “cooperation” between the occupying and the occupied government—in the specific case of Hawai’i between the State of Hawai‘i and its Counties and the Council of Regency. Before trying to specify the characteristics of such a cooperation, it is however important to reiterate that, under international humanitarian law, the last word concerning any acts relating to the administration of the occupied territory is with the occupying power. In other words, “occupation law would allow for a vertical, but not a horizontal, sharing of authority […] [in the sense that] this power sharing should not affect the ultimate authority of the occupier over the occupied territory”. This vertical sharing of authority would reflect “the hierarchical relationship between the occupying power and the local authorities, the former maintaining a form of control over the latter through a top-down approach in the allocation of responsibilities”.
The Council of Regency has provided MG Hara an Operational Plan, with essential and implied tasks, to transform the State of Hawai‘i into a Military Government.
While the State of Hawai‘i has yet to transform itself into a Military Government and proclaim the provisional laws proclaimed by the Council of Regency, Hawaiian Kingdom laws as they were prior to January 17, 1893, continue to exist. Because of phase 2 there is a growing awareness among Native Hawaiians on not only the circumstances of the American occupation but also the denial of their rights secured under Hawaiian Kingdom law, which the American presence took away from them and their families.
MG Hara’s delay in proclaiming the establishment of the Military Government of Hawai‘i has now a direct impact on the rights of Native Hawaiian families and their ability to exercise and benefit from these rights under Hawaiian Kingdom law. According to international law, the enforcement of the law of occupation is with MG Hara, but the pressure placed upon MG Hara to enforce Hawaiian Kingdom laws are with Native Hawaiians whose rights are being denied by his inaction. In other words, MG Hara’s reluctance to carry out his duty can now be directly tied to Native Hawaiians lack of a home and adequate healthcare.
As the country is moving ever so close to compliance with the law of occupation by the State of Hawai‘i, misinformation and disinformation must be addressed. It is understandable for the population of an occupied State not to fully grasp the situation of the Hawaiian Kingdom that it not only still exists as a country under international law but that it has been under a prolonged occupation for 131 years.
The reason why this occupation has lasted so long is because of denationalization through Americanization that formally began as a policy in 1906. Within three generations, the national consciousness of the Hawaiian Kingdom in the minds of its national population was erased. Replacing Hawaiian national consciousness with American national consciousness, together with its political ideologies and beliefs.
The recovery of Hawaiian national consciousness relies on accurate information through education. Just as education in the public and private schools, in the early twentieth century, was weaponized to erase Hawaiian national consciousness in the minds of school children, education today must be utilized, not weaponized, to restore it. It is a process, and, sometimes, an unpleasant process. This process of restoring Hawaiian national consciousness reveals the untruths and deceptions that were used to conceal an international travesty.
Many Hawaiian subjects served in the American military, whether voluntarily or by conscription, and it is naturally difficult to come to terms with this information. This difficulty to come to terms also applies to the entire population of Hawai‘i who were taught in school and were led to believe that Hawai‘i is a part of the United States and that they are American citizens.
The clashing of two sets of beliefs is called cognitive dissonance, which “is a psychological phenomenon that occurs when a person holds two contradictory beliefs at the same time.” The two beliefs that collide is Hawai‘i the 50th State of the American Union and the Hawaiian Kingdom as an occupied State since 1893. Both beliefs are mutually exclusive, which means that both cannot exist at the same time. The continued existence of the Hawaiian Kingdom as an occupied State cancels the existence of the State of Hawai‘i and the federal government. As the Permanent Court of International Justice, in the S.S. Lotus case, stated in its 1927 judgment:
Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from a convention (treaty).
Since 1893, the United States has been exercising its authority over Hawaiian Kingdom territory without any ‘permissive rule derived from international custom or from a convention (treaty).’ If the United States, to include the State of Hawai‘i, has no lawful authority to exercise its power in Hawaiian territory, then everything that derives from its unlawful authority is invalid in the eyes of international law. This comes from the rule of international law ex injuria jus non oritur, which is Latin for “law (or right) does not arise from injustice.”
From this international rule—ex injuria jus non oritur, when applied to an occupied State, springs forth another rule of international law called postliminium, where all unlawful acts that an Occupying State may have been done in occupied territory are invalid and cannot be enforced when the occupation comes to an end. According to Professor Oppenheim, “If the occupant has performed acts which are not legitimate acts [allowable under the law of occupation], postliminium makes their invalidity apparent.”
Cognitive dissonance occurs when a person cannot let go of their former beliefs and tries to incorporate these beliefs into the new belief. This approach reveals contradictions, which is analogous to asserting baseball rules into a football game. It is either a football game or a baseball game. The football game is the American occupation of the Hawaiian Kingdom. The baseball game is Hawai‘i being the 50th State of the American Union. International laws are the rules of the football game, and American laws are the rules of the baseball game.
Within the United States, there is a Sovereign citizen movement that believe “the Uniform Commercial Code, which provides an interstate standard for such things as property ownership or bank accounts (and documents that they believe apply only to their strawman, such as drivers’ licenses, is a codification of the illegitimate commercial law ruling the United States.” Many groups of the Hawaiian sovereignty movement subscribe to this belief that sees the State of Hawai‘i as a corporation with no authority over free and sovereign citizens. Whether you agree or disagree with the Sovereign citizen movement, it has no place in the Hawaiian Kingdom being an occupied State that has suffered the devastating effects of the war crime of denationalization. To claim to be a sovereign citizen in a country that is a constitutional monarchy is a contradiction. You cannot have a monarchical system of governance when some of its people claim to be sovereign themselves.
The Uniform Commercial Code (UCC) was first published in 1952 as a joint project of the Uniform Law Commission, which is also called the National Conference of Commissioners on Uniform State Laws, and the American Law Institute. Its goal was to harmonize State law because commercial transactions extend beyond one State’s jurisdiction within the United States. Another goal of the UCC was to modernize contract law.
Having come from two private organizations, the UCC is not American law until the States and Territories of the United States adopt it. Forty-nine States, which includes the State Hawai‘i, as well as the District of Columbia, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have adopted the UCC as their law with minimal changes. According to the website of the Uniform Law Commission, the “Uniform Commercial Code…is a comprehensive set of laws governing all commercial transactions in the United States. It is not a federal law, but a uniformly adopted state law.” As such, the UCC is an American law limited within the territorial jurisdictions of the forty-eight States of the American Union and three of its territories that adopted it.
The political economy of the United States and its UCC is not the political economy of the Hawaiian Kingdom prior to the American invasion in 1893. Political economy is the economic system and its governance by the political system of a State. The Hawaiian Kingdom was a progressive country when compared to the European States and their successor States on the American continent in the nineteenth century. Its political economy was not based on Adam Smith’s capitalism—Wealth of Nations, but rather Francis Wayland’s approach of a cooperative capitalism. According to Professor Mykkanen, Wayland was interested in “defining the limits of government by developing a theory of contractual enactment of political society, which would be morally and logically binding and acceptable to all its members.”
Wayland’s book, Elements of Political Economy, was the fundamental basis when written in the Hawaiian language and adjusted to apply to Hawaiian society accordingly by William Richards. The book was titled No Ke Kālai‘āina (English translation), which theorized governance from a foundation of Natural Rights within a Hawaiian agrarian society based upon capitalism that was not only cooperative in nature, but also morally grounded in Christian values. Contemporary historians and academics mistakenly assumed that American capitalism was the political economy of the Hawaiian Kingdom. Along with the unlawful imposition of American municipal laws after 1898, was the unlawful imposition of the American version of capitalism. Karl Marx, the renowned critical theorist, would have found the Hawaiian Kingdom’s political economy very appealing.
The Hawaiian Kingdom was the only country to adopt Wayland’s theory of economics. The United States and the United Kingdom based their economies on Smith’s theory of capitalism. Wayland’s form of capitalism was taught in the schools throughout the islands and framed political and economic discourse in the country. It also set in motion Hawai‘i’s mixed economy and the seed was planted for the Hawaiian Kingdom to become the first welfare State that would predate the Nordic countries by a century.
The welfare State is a “concept of government in which the state or a well-established network of social institutions plays a key role in the protection and promotion of the economic and social well-being of [its] citizens.” German Chancellor Otto von Bismark is credited with establishing the idea of a welfare State, and the Hawaiian Legislative Assembly would cite him regarding economic legislation and reform for the Kingdom. He was referred to as “Bisimaka,” which is Hawaiian for “Bismark.”
During military occupations of occupied States, the occupying State is only allowed limited authority to exercise its power by virtue the permissive rule under Article 43 of the 1907 Hague Regulations. Article 43 provides that once the occupying State has effective control of the territory of an occupied State, it is obligated to establish a military government in order to administer the laws of the occupied State. In other words, the United States should have established a military government on January 17, 1893, to administer temporarily administer Hawaiian Kingdom law after Queen Lili‘uokalani conditionally surrendered, and up until there is a treaty of peace between the United States and the Hawaiian Kingdom.
According to Professor Benvenisti, the “public order and civil life are maintained through laws, regulations, court decisions, administrative guidelines, and even customs, all of which form an intricate and balanced system.” This description reflects the legal order of a State, where sovereignty is the authority exercised by the government of the State in maintaining the ‘public order and civil live.’
For the Hawaiian Kingdom, the legal order is framed by the 1864 Constitution, as amended, which provides for the ‘laws, regulations, court decisions, administrative guidelines, and even customs’ to exist. The legal order of the occupied State includes the Hawaiian Kingdom’s political economy. The Hawaiian Kingdom’s legal order is explained in Chapter 1—Hawaiian Constitutional Governance (p. 59-94) in the ebook Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom. U.S. Army Field Manual 27-10. Section 358 titled Occupation Does Not Transfer Sovereignty states:
Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent to annex occupied territory or to create a new State therein while [the occupation is] still in progress.
Since January 17, 1893, the United States was unlawfully exercising its power over the Hawaiian Islands and the population by maintaining its puppet governments calling themselves the provisional government and then the so-called Republic of Hawai‘i, and its unlawful imposition of American laws when it unlawfully annexed the Hawaiian Islands in 1898, and then unlawfully created the American State of Hawai‘i in 1959. The very existence of the Hawaiian Kingdom as an occupied State cancels any and all American authority in the territory of the Hawaiian Kingdom unless that authority is in line with the 1907 Hague Regulations and 1949 Fourth Geneva Convention, which it is currently not.
Considering the severity of the situation, the Council of Regency’s approach toward compliance by the State of Hawai‘i is laser focused on the duties and responsibilities of State of Hawai‘i Major General Kenneth Hara to transform the State of Hawai‘i into a Military Government. The Council of Regency did not choose MG Hara to perform this duty, but rather the rules of international law did because he is the highest ranking general officer in the State of Hawai‘i Department of Defense.
The Hawaiian Kingdom is at the cusp of a radical change in governance that is in line with international law. A change that must bring 131 years of violating international law in line with Hawaiian Kingdom law. As education was once weaponized for illicit purposes, it is crucial at this time to facilitate compliance with the law through accurate information and responsible education.
