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.