The ongoing illegal state of war between the Hawaiian Kingdom and the United States since 1893 and the prolonged occupation has violated all norms of international law. As we are approaching the international exposure of the prolonged occupation through the international commission of inquiry proceedings stemming from the Larsen v. Hawaiian Kingdom held under the auspices of the Permanent Court of Arbitration, it is timely to address other wars and subsequent occupations that the United States was involved, which eventually came to an end with the payment of reparations. These were the wars with Japan from 1941-51 and with Italy from 1938-47.
Here follows the reparations for war paid by the Japanese under the 1851 Treaty of Peace and by the Italians under the 1947 Treaty of Peace.
Reparation Payments:
Reparations were made by Japan pursuant to Article 14(a), 1951 Japan Treaty of Peace, which states, “It is recognized that Japan should pay reparations to the Allied Powers for the damage suffering caused by it during the war.” Below are Japanese reparations to countries for 10 years of war (1941-51).
Country | Amount in US$ | Date of Treaty |
Burma | $200 million | Nov. 5, 1955 |
Philippines | $550 million | May 9, 1956 |
Indonesia | $223 million | Jan. 20, 1958 |
Vietnam | $39 million | May 13, 1959 |
Average | $250 million | Mean year—1957 |
Inflation calculator | $2 billion | Year—2017 |
Italian reparations to countries for 9 years of war (1938-47) were made pursuant to Article 74 of the 1947 Italian Treaty of Peace.
Country | Amount in US$ | Date of Treaty |
Soviet Union | $100 million | Feb. 10, 1947 |
Albania | $5 million | “ |
Ethiopia | $25 million | “ |
Greece | $105 million | “ |
Yugoslavia | $125 million | “ |
Average | $72 million | Year—1947 |
Inflation calculator | $890 million | Year—2017 |
As a basis to calculate the amount of reparations that could be owed to the Hawaiian Kingdom by the United States up to the year of 2017, which is 124 years of war, the Japanese and the Italian reparations paid could serve as a guide by applying their years of war to the years of war with the Hawaiian Kingdom. In the case of Japan, reparations to be paid by the United States could be calculated at $25 billion, which is $200 million annually multiplied by 124 years of war with the Hawaiian Kingdom. In the case of Italy, reparations could be calculated at $12 billion, which is $99 million annually multiplied by 124 years of war with the Hawaiian Kingdom.
This measurement could also be applied to other countries who are parties to the conflict and who have been complicit in the belligerent actions taken by the United States against the Hawaiian Kingdom such as the 20 States that unlawfully recognized the United States surrogate calling itself the so-called Republic of Hawai‘i in 1894. These States include Austria-Hungary, Belgium, Brazil, Chile, China, France, Germany, Guatemala, Italy, Japan, Mexico, Netherlands, Norway-Sweden, Peru, Portugal, Russia, Spain, Switzerland, and the United Kingdom. According to renowned American jurist, Professor Ellery Stowell, Intervention in International Law (1921) at 349, n. 75, a “foreign state which intervenes in support of [insurgents] commits an act of war against the state to which it belongs, and steps outside the law of nations in time of peace.”
Seizing of Assets:
Seizure of Japanese assets in the territories of Allied Powers was also done pursuant to Article 14(a)(2)(I), 1951 Japan Treaty of Peace, which states, “Subject to the provisions of sub-paragraph (II) below, each of the Allied Powers shall have the right to seize, retain, liquidate or otherwise dispose of all property, rights and interests of (a) Japan and Japanese nationals, (b) persons acting for or on behalf of Japan or Japanese nationals, and (c) entities owned or controlled by Japan or Japanese nationals, which on the first coming into force of the present Treaty were subject to its jurisdiction.”
Seizure of Italian assets in the territories of Allied Powers were made pursuant to Article 79, Italian Treaty of Peace, which states, “Each of the Allied and Associated Powers shall have the right to seize, retain, liquidate or take any other action with respect to all property, rights and interests which on the coming into force of the present Treaty are within its territory and belong to Italy or to Italian nationals, and to apply such property or the proceeds thereof to such purposes as it may desire, within the limits of its claims and those of its nationals against Italy or Italian nationals, including debts, other than claims fully satisfied under other Articles of the present Treaty.”
In the United States, Japanese assets seized amounted to $85 million (inflation conversion for 2017—$752 million), and Italian assets seized amounted to $62 million (inflation conversion for 2017—$766 million). Pursuant to Presidential Executive Order no. 9567—Alien Property Custodian (1945), the United States took title by “vesting” of all property of Japan and Germany and their nationals. Under the 1948 War Claims Act proceeds derived from these assets would not be returned, but rather placed in a War Claims Fund from which payments would be made to United States citizens that suffered as a consequence of the war with Japan and Germany.
Assets held by the United States and other States who are parties to the conflict since January 16, 1893, to include their nationals, within the territorial jurisdiction of the Hawaiian Kingdom are yet to be determined. The liquidation of these assets could be utilized in similar fashion as the United States did regarding Japanese and German properties vested under Alien Property Custodian, to compensate Hawaiian subjects who were subjected to forced conscription into the United States armed forces, to include deaths, during World War I, World War II, Korean War and the Vietnam War.
This is powerful and real, and I am so grateful for Dr. keanu Sai and his team.
Because of the fraud, theft, treason, breach of intl treaties, deliberate destruction under explicit objection of our, air, water and land, which ultimately genocides us out, there needs to be considerable punitive damages remitted. The queen called for the hanging of the US insurgents, as a punitive measure., as well.
Further consideration needs to be made for the unwarranted violence, imprisonment and murders of innocent Kanaka, and of those innocent Kanaka by koko or Kanaka at heart who took a stand against tyranny and hostility. Calculations should also include the direct monies collected by US, which should have gone to the Kingdom, ie-port tax, road tax, land tax, etc. They collected unregulated tax in the form of imposing their distorted brand of foreign “law” on Kingdom of Hawaii lands, such as writing up a moving/parking citation when there was no injury or property damage occurring with intent, then charging the “violator” a fine, while they have no lawful standing or authority to do so…$$$. We can’t forget all the money they took from corporations, intl and otherwise in permits and backroom deals to strip us of our natural resources, and the monetary profit made from depleting our natural riches, contamination and destructing our lands and placing an artificial structure or set of structures over what was once abundant and pristine, then calling their bad acts “development”. Cost of clean-up, restoration, etc. from their dereliction and negligence. The ultimate price paid in human lives, well-being and freedoms, which their tyranny, hostility, derliction and negligence leveled upon our countrymen and women for generations–resulting in a gross digression of a once advanced and thriving nation. The list goes on and on.
…Our queen’s 50 metric tons of golld. The silver they melted into tea sets as gifts to one aniother…
The reparations, even before punitive damages are calculated, would actually reach into the trillions, for the US alone! They owe us more than they owe China, and we should place a lien against them until full reparations, say over the next 200 hundred years, are made. If they breach any peace treaty, or fail to make reparations, we would own them through the lien process.
Accuracy and fairness will guide us through the reparation process. The fact that God used Dr. Sai and his team, along with frontline patriots and record keepers, as well as all thiose acting in solidarity with Kanaka to bring us to this juncture is simply amazing and exciting, as the struggle wages on…
You rock Keanu.
According to renowned American jurist, Professor Ellery Stowell, Intervention in International Law (1921) at 349, n. 75, a “foreign state which intervenes in support of [insurgents] commits an act of war against the state to which it belongs, and steps outside the law of nations in time of peace.” Besides the nineteen countries listed in the article would it not also include all of the other countries that failed to comply via declaration as requested in the formal complaint filed with the United Nations General Assembly? Maybe this will persuade them to rethink their position and submit the declaration to become an ally instead of a defendant. I am thinking the terms of settlement and enforcement would be contained within negotiations for a Treaty of Peace with these countries. Maybe they would show their commitment by participating with the creation of a Tribunal for War Crimes like the Nuremburg Trials.
I find this part very interesting but I guess U.S. nationals will find it alarming. Pursuant to Presidential Executive Order no. 9567—Alien Property Custodian (1945), the United States took title by “vesting” of all property of Japan and Germany and their nationals.
Let’s not forget that the Kingdom of Hawaii was one of the richest per capita among the world nations and that the United States of America absconded with the Kingdom of Hawaii’s government treasury. This is just the tip of the iceberg the U.S. owes to the Kingdom of Hawaii an its bonafide citizens whose properties were stolen from them.
I agree and the HK could collect what it’s owed in the same manner the U.S. did in it’s Executive Order 9567. The HK could vest it’s self title to the 170,000 tons of gold stored in Hawaii’s Banks. Unless they move it before a Treaty of Peace can be ratified.
For the so called Puppet Government of the so called State Of Hawaii, under U.S.A.Laws, Be prepared for” Your War Crimes by International Law “and the so called representatives in the so called U.S. Congress,One hundred and twenty-four-years of Injustice,that’s beyond me,and Inhuman, all I can say as a Hawaiian Kingdom Citizen,Justice Will Be Served, and A Big Mahalo for Dr Keanu Sai,Aloha malama pono .
When one looks at the “simple” transactions of Hawaiian money being kept in trusts prior to the pilikia, and being paid out in US dollars afterward, it’s breathtaking. That alone is a massive debt. Then add to that, that so much of it was perpetrated upon the outright theft of minor’s lands in kangaroo courts… Mahalo Keanu and ALL who are educating! It’s been a privilege and continues to be. Mahalo for pointing me/us in the right direction to seek answers to the questions that, “that’s just the way it was”, just didn’t answer. Mahalo for helping me find the genealogy, the Aina, and in them the true stories. Mahalo Nui!!
Aloha,
As a mainland haole who found her heart’s true home in Hawaii 45 years ago but sadly left 17 years later,I want to say BRAVO for what the Hawaiian Kingdom has accomplished since the heroic efforts witnessed in the 1970’s.
Having just returned to California after a Big Island visit with my son, daughter in law and granddaughter, all Hawaiian-born, it highlights for me just how alienated I have always felt in the culture I was born into and how the love bestowed upon me by the Hawaiian aina and her people showed me my true heart.
I was so very blessed by the time spent in Hawaii and the real Aloha that healed a broken spirit. I know I left the very best part of my heart there in the islands.
I want to let you know my admiration for the intelligent, inspired and courageous work you are doing in speaking truth to a very aggressive power. I believe your efforts will have impact far beyond the shores of Hawaii.
Mahalo Nui Loa
so, according to the video portion….the family that went to US Supreme Court to challenge New York Life for life insurance but was denied due to technicality that the u.s. president in powers “verbal” declaration of war on December 7, 1941 is law! even though the formal “written” was issued on Dec 8, 1941.
my question is when Grover Cleveland said “act of war” to congress on DEC 18, 1893, wouldn’t it have same weight even though no formal “written” agreement/declaration was ever physically written?
secondly; after re-reading the so called joint resolution apology letter… the (25th) “Whereas” regarding so called ceded 1.8 million acres (crown, govnt, & public), what about the other 2.1million acres not mentioned? is the 2.1 million acres protected and considered not part of this joint resolution?
mahalo to this very informative website/blog and any comments
Aloha Kamaka, To find the answers to your questions I would suggest you read the two articles posted prior to this one. First off, unlawful act(s) in violation of international law against another country is considered an act(s) of war and was that act(s) intentional. ” Under international law, the landing of American troops without the consent of the Hawaiian government was an act of war. But in order for an act of war to transform the status of affairs to a state of war, the act must be unlawful under international law. In other words, an act of war would not change the status of affairs to a state of war from that of peace if the action were legal under international law. According to Professor Wright, “An act of war is an invasion of territory…and so normally illegal. Such an act if not followed by war gives grounds for a claim which can be legally avoided only by proof of some special treaty or necessity justifying the act.” (Quincy Wright, “Changes in the Concept of War,” 18 American Journal of International Law (1924), 756). Secondly, the Queen (Head of State) claimed the invasion by U.S. troops was illegal and an act of war. The burden now shifted to the U.S. President to determine if the Queens claim was true or untrue. His investigation concluded the claim was true and he also documented this in his statement to Congress. So, in his formal statement to Congress President Cleveland’s political determination was an acknowledgment that the United States was in a state of war with the Hawaiian Kingdom since the invasion occurred on January 16, 1893, as stated by the Queen in her protest on January 17, 1893. International law defines war as “a contention between States for the purpose of overpowering each other.” (L. Oppenheim, International Law, vol. II—War and Neutrality (3rd ed., 1921) 74). So you see, the State of War is in effect from the time of the invasion or when the illegal act happens and not when the President makes his political determination months later. As far as the family loosing their claim, it was not based on a technicality but based on law. The illegal act happened on Dec. 7 so the State of War started at that same time regardless if the Pres. acknowledged it that same day or the next day. You always have to go back to the scene of the crime. As far as the Apology JR mentioning 1.8 mil vs. 2.1 is irrelevant since a State of War exists and no lands can be transferred to the United States. If you want to get technical in their fictitious JR transfer, the 1.8 mil acres were gov’t/crown lands the rest of the lands were fictitiously transferred at the time the made the Fake State.
appreciated Kekoa,
its difficult understanding everything going on here but i’m trying, your explanation helps tremendously i have to remind myself that i should be looking through the lens of our kupuna and not mine, i have to be mindful and not keep asking questions that are irrelevant, i will free my oppressed mind that mentally bounds me
mahalo
Aloha Kamaka, always remember the only question that is irrelevant is the one that is never asked. Seek and you will find, ask and you will have.
A Naval View of the Asia Pacific: https://www.youtube.com/watch?v=xtm7WTR10nc
I know this isn’t on topic but it shares the theme of dealing with fraud by agents of the United States and the State of Hawai’i Judiciary.
I’m a right to travel activist. I’m on the Big Island. I’ve been here since early 2015. I have 2 ongoing cases in Hilo. I had a case in Los Angeles back in 2012. I won. I have all the records. I posted a youtube video with the dismissal (judge made up any excuse other than a lack of jurisdiction to dismiss it). I have the court transcripts where she admits I was right scanned and posted as a video (titled along the lines of no absolute immunity judge bails) The judges in Hilo have been belligerently ignoring the law. I’ve actually obtained Supreme Court of Hawai’i rulings and Clerk certified copies of Legislative Acts laying out the rules for arraignment, etc, and I filed them into the record as Mandatory Judicial Notices. Judge Udovic ignores every thing. I have a youtube channel at https://www.youtube.com/channel/UC9yUVenK34D0u0-SZO8LBgg/videos. Please check it out. I have a slew of State Clerk certified documents, mostly for California when I was there, that show the actual law and the intentional deception by BAR members to hide the right to travel. Much of it focuses on California but functionally the fraud is the same in Hawai’i. I have a few videos up for Hawai’i stuff. I’ll post more when I feel better and have dealt with the court issues. I don’t want the BAR members to use any thing I might post for strategy in determining how I might argue. Please see my video of a hearing with Udovic as he is called out on ignoring numerous aspects of the law while denying my motion to dismiss. I could use public support at the hearings. I’ve seen videos on youtube of other activists who have at least some supporters in the courtroom. I’m doing this with no one showing up for support. The room is empty some times when the prosecutor and judge tag team me. I’m going to try to send this same message to you though the youtube message format. Please pass it on to any one involved in this stuff. The Court cases in case you or others want to look them up to follow them and know when and where they are held are: 3DTC-16-005744 and 3DTI-16-016896. Thanks for being awake to this fraud perpetrated upon the public. And thanks even more if you can get the word out or show support. I have chronic health issues and feel swamped right now dealing with the court stuff plus health stuff so I will respond as promptly as I can. Chronic fatigue is rough. Aloha!
Every now and then, I thought of the war reparations that could be due to the H.K. for this century-long, unjustified, and avoidable occupation. I always had the feeling that it would be IN THE LEAST in the billions. And yeah we would also reserve the right to seize any necessary assets of the United States as either “collateral” for specific war reparations due or nationalize it as part of the reparations itself.
My name is gerald villanueva I am an American and hawaiian citizen TO the republic of hawaii s third generation MY mom is SECOND MY grandpa who was born in 1896 in the republic of hawaii is the first and I exist today. I stand upon my rights to the declaration of independence, the united states constitution of america, the organic act of hawaii in 1900 and the hawaiian homes commission act of 1920.
We should be cautious about accepting exclusively monetary reparations due to the risk of inflation, especially if the United States is allowed to make ANY payments over time. Consider that reparations in the form of territory would be more valuable than monetary reparations. For example, in addition to immediate payment of a few billion dollars in partial reparations, it would be more valuable to Hawaii to accept less than full payment in exchange for demanding cession of sovereignty over Palmyra (legally already Hawaiian), Johnston (legally already Hawaiian), Midway (claimed as Hawaiian), Wake, Jarvis, Baker, Howland and Navassa atolls, as well as American Samoa (including Swains), Guam, Virgin Islands and Puerto Rico, together with their respective exclusive economic zones. Hawaii would then be the successor administrating power for non-self-governing territories and would also be in a position to settle claims by other states as to any territorial disputes over such ceded areas. Even an agreement to transfer territory several years in the future is more valuable than an monetary payments.
Another suitable alternative to cash reparations would be rare earth minerals, which would otherwise be expensive for Hawaii to obtain due to the absence of those types of resources in Hawaii. Access to government-owned technology and training would also be valuable, including biomedical, weapons, energy, space and intelligence technology. Intelligence data itself on other countries, individuals and organizations would also be quite valuable.