The ongoing illegal state of war between the Hawaiian Kingdom and the United States since 1893, and the prolonged belligerent occupation of an internationally recognized independent State has violated all norms of international law. In light of the federal lawsuit, Hawaiian Kingdom v. Biden, it is timely to address another war and subsequent belligerent occupation that the United States was involved, which eventually came to an end with the payment of reparations. This was the war with Japan from 1941-51.
Here follows the reparations for war paid by the Japanese government under the 1951 Treaty of Peace.
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||$2.6 billion||Year—2022|
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 2022, which is 129 years of war, the Japanese reparations paid could serve as a guide by applying the years of war to the years of war with the Hawaiian Kingdom. Reparations to be paid by the United States could be calculated at $32 billion, which is $250 million annually multiplied by 129 years of war with the Hawaiian Kingdom. The inflation calculator sets $32 billion in 1957 to $337 billion in 2022.
According to the 1876 Act to Regulate the Currency, “the gold coins of the United States of America shall be the standard and a legal tender in this Kingdom in all payments of debts, at their nominal value.” Although the United States completely stopped using the gold standard in 1973, it was replaced by fiat money that the U.S. government orders its currency must be used for payments.
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, and the dates they recognized the American puppet, include:
- Austria-Hungary (January 1, 1895);
- Belgium (October 17, 1894);
- Brazil (September 29, 1894);
- Chile (September 26, 1894);
- China (October 22, 1894);
- France (August 31, 1894);
- Germany (October 4, 1894);
- Guatemala (September 30, 1894);
- Italy (September 23, 1894);
- Japan (April 6, 1897);
- Mexico (August 8, 1894);
- Netherlands (November 2, 1894);
- Norway-Sweden (December 17, 1894);
- Peru (September 10, 1894);
- Portugal (December 17, 1894);
- Russia (August 26, 1894);
- Spain (November 26, 1894);
- Switzerland (September 18, 1894); and
- United Kingdom (September 19, 1894).
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.”
In the United States, Japanese assets seized amounted to $85 million (inflation conversion for 2022—$896 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 the victims of war crimes under international humanitarian law.