In a move to bring international attention to the humanitarian crisis in the Hawaiian Islands as a result of the United States prolonged and illegal occupation since the Spanish-American War, a Complaint was submitted to the United Nations Human Rights Council (Council) on May 23, 2016. Dr. Keanu Sai represents the complainant, Kale Kepekaio Gumapac, as his attorney-in-fact. Dr. Sai also represents Gumapac before Swiss authorities regarding war crimes. Additional documents that accompanied the Complaint, included: War Crimes Report: Humanitarian Crisis in the Hawaiian Islands by Dr. Sai, his Declaration and Curriculum Vitae.

“The lodging of the complaint was two-fold,” explains Dr. Sai. “First, the complaint will draw attention to the prolonged occupation of the Hawaiian Kingdom, which has created a humanitarian crisis of unimaginable proportions never before seen. Second, the purpose of the complaint is to report the war crimes committed against Kale Gumpac by Deutsche Bank, officials of the State of Hawai‘i, and others, which is now before the Swiss Federal Criminal Court. As a victim of war crimes, Mr. Gumapac is one of thousands, if not millions of victims who reside in Hawai‘i under an illegal foreign occupation.”

The Council was established in 2006 by the United Nations General Assembly and was formerly known as the United Nations Commission on Human Rights. The General Assembly gave the Council two main responsibilities: (a) promote universal respect for the protection of human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner; and (b) address situations of violations of human rights, including gross and systematic violations, and make recommendations to resolve them. The Council is comprised of 47 member States of the United Nations who are elected by the United Nations General Assembly for a term of three years.

The Council has a human rights mandate, but has also included as part of its mandate international humanitarian law. International human rights law are rights inherent in all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. These rights are expressed in treaties such as the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. International humanitarian law is a set of rules to protect civilians and non-combatants during an armed conflict, which includes military occupation. Humanitarian law is expressed in treaties such as the 1907 Hague Convention, IV, and the 1949 Geneva Convention, IV.

In the past, it was thought that human rights law applied only during peace time and humanitarian law applied only during armed conflict, but current international law recognizes that both bodies of law are considered as complementary sources of obligations in situations of armed conflict. In its 2008 Resolution 9/9—Protection of the human rights of civilians in armed conflict, the Council emphasized “that conduct that violates international humanitarian law, including grave breaches of the Geneva Conventions of 12 August 1949, or of the Protocol Additional there of 8 June 1977 relating to the Protection of Victims of International Armed Conflicts (Protocol I), may also constitute a gross violation of human rights.”

The Council then reiterated “that effective measures to guarantee and monitor the implementation of human rights should be taken in respect of civilian populations in situations of armed conflict, including people under foreign occupation, and that effective protection against violations of their human rights should be provided, in accordance with international human rights law and applicable international humanitarian law, particularly Geneva Convention IV relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and other international instruments.”

Accompanying the Complaint is a War Crime Report that provides a comprehensive narrative of Hawai‘i’s legal and political history since the nineteenth century to the present. In the Report, Dr. Sai explains, “The Report will answer, in the affirmative, three fundamental questions that are quintessential to the current situation in the Hawaiian Islands:

1. Did the Hawaiian Kingdom exist as an independent State and a subject of international law?
2. Does the Hawaiian Kingdom continue to exist as an independent State and a subject of International Law, despite the illegal overthrow of its government by the United States?
3. Have war crimes been committed in violation of international humanitarian law?”

After answering these questions in the affirmative, Dr. Sai would then conclude that the UNHRC has the authority to investigate the complaint “under the complaint procedure provided for in paragraph 87 of the annex to Human Rights Council resolution 5/1.”

Before providing the facts of Gumapac’s case, the Complaint gives a short summary of the Hawaiian Kingdom’s continued existence as a State under international law, and that this status was explicitly recognized by the Secretariat of the Permanent Court of Arbitration (PCA) in Lance Larsen v. Hawaiian Kingdom (1999-2001).

In the Complaint, Dr. Sai states, “Since the occupation began, the United States engaged in the criminal conduct of genocide under humanitarian law through denationalization. After local institutions of Hawaiian self-government were destroyed by the United States through its installed insurgency, a United States pattern of administration was imposed in 1900, whereby the former Hawaiian national character was obliterated.”

Dr. Sai went on to provide a pattern of criminal conduct in violation of international humanitarian law: “The United States interfered with the methods of education; compelled education in the English language; banned the use of Hawaiian, being the national language, in the schools; compulsory or automatic granting of United States citizenship upon Hawaiian nationals; imposed conscription of Hawaiian nationals into the armed forces of the United States; imposed the duty of swearing the oath of allegiance; confiscated and destroyed property of Hawaiian nationals for militarization; pillaged the property and estates of Hawaiian nationals; imposed American administrative and judicial systems; imposed American financial and economic administration; colonized Hawaiian territory with nationals of the United States; permeated the economic life through individuals whose nationality and/or allegiance was American; and denied Hawaiian nationals of aboriginal blood their vested right to health care at no charge at Queen’s Hospital, which was established by the Hawaiian government for that purpose.”

The Complaint calls upon the Council to take action without haste and recommends the Council to:

• Strongly call upon the Government of the United States of America and its armed force, the State of Hawai‘i, to take urgent measures to comply fully with their obligations under international law, including international humanitarian law and human rights law;
• Underline that the Government of the United States of America has the primary responsibility to make every effort to strengthen the protection of the civilian population in the Hawaiian Islands and to investigate and bring to justice perpetrators of violations of human rights and international humanitarian law; and
• Appoint a Special Rapporteur on the humanitarian crisis in the Hawaiian Islands given the gravity and severity of an illegal and prolonged occupation of an independent State that has been allowed to continue unfettered without precedent in the history of international relations.

Additionally, the Council oversees a process called Universal Periodic Review (UPR), which involves a review of the human rights records of all member States of the United Nations, which includes its record of complying with international humanitarian law. In UPRs, the Council decided in its Resolution 5/1 that “given the complementary and mutually interrelated nature of international human rights law and international humanitarian law, the review shall taken into account applicable international humanitarian law.”

In the Complaint, Dr. Sai also draws attention to the UPR done on the United States in 2015. “The February 6, 2015 Report of the United States submitted to the United Nations High Commissioner for Human Rights in Conjunction with the Universal Periodic Review deliberately withheld information of the Hawaiian Kingdom despite the United States’ full and complete knowledge of arbitration proceedings held under the auspices of the PCA, and where the Secretariat of the PCA explicitly recognized the continuity of the Hawaiian Kingdom.”

Dr. Sai further states that “the draft report of the Working Group on the Universal Periodic Review of the United States dated May 21, 2015, and the final report of the United Nations Human Rights Council adopted on September 24, 2015, omits any mention of the Hawaiian Kingdom as well.” Instead, the 2015 UPR of the United States treats native Hawaiians as an indigenous people, which, under United Nations instruments, are nations of people that are non-States and reside within the territory of a State, such as Native American tribes. Common words that are associated with indigenous people include terms such as self-determination, colonization, and decolonization.

The 2015 UPR reflects the deception that has been perpetuated by the United States in order to conceal its prolonged occupation of the Hawaiian Kingdom that has now lasted for over a century, and the genocide of the Hawaiian citizenry who have been led to believe that aboriginal Hawaiians are an indigenous people that have been colonized by the United States. In the Complaint, Dr. Sai states, “Hawaiian nationals of aboriginal blood are not indigenous people as defined under United Nations instruments, but are defined under Hawaiian Kingdom law as Hawaiian subjects who comprise the majority of the national population.”

The American occupation of Hawai‘i is the longest occupation in the history of international relations, and it will be a shock for the international community to find out that the United States seized an internationally recognized neutral country in order to bolster its military, and carried out a policy of genocide through denationalization in violation of international humanitarian law. This policy that was carried out in 1900 resulted in the obliteration of Hawaiian national consciousness among the citizenry of the Hawaiian Kingdom in less then two generations.

Dr. Lynette Cruz interviews Dr. Sai on the topic of genocide through denationalization on her television show, Issues that Matter. Dr. Sai explains the difference between international humanitarian law and human rights law, and how genocide has and continues to occur through denationalization of Hawaiian subjects.

The following protest by Queen Lili‘uokalani dated June 20, 1894 was lodged with the United States Secretary of State Walter G. Gresham. The protest was delivered by H.A. Widemann on June 22, 1894 to United States diplomat Albert S. Willis, assigned to the American Legation in Honolulu. Queen Lili‘uokalani’s protest centers on the events that transpired in January 1893 on the pretext of war and the creation of a pretended government.

January 17, 1893, was the first armed conflict between the Hawaiian Kingdom and the United States of America. The second armed conflict would occur on August 12, 1898 when the Hawaiian Kingdom would be unlawfully occupied by the United States during the Spanish-American War.

The pretended government installed by the United States on January 17, 1893, calling itself the provisional government, would change its name to the Republic of Hawai‘i in 1894, to the Territory of Hawai‘i in 1900, and finally to the State of Hawai‘i in 1959.

**************************************************

His Excellency
W.G. Gresham
Secretary of State
Washington, D.C.

To His Excellency
Albert S. Willis
U.S. Envoy Extraordinary Minister Plenipotentiary.

Sir,

Having in mind the amicable relations hitherto existing between the government which you here represent and the government of Hawaii, as evidenced by many years of friendly intercourse, and being desirous of bringing to the attention of your government the facts here following, I, Liliuokalani, by the grace of God, and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest that I am now and have continuously been since the 20th day of January A.D. 1891, the Constitutional Sovereign of the Hawaiian Kingdom; that on the 17th day of January A.D. 1893 – (in the words of the President of the United States himself) – “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 peoples requires we should endeavor to repair;” that on said date I and my government prepared a written protest against any and all acts done against myself and the Constitutional government of the Hawaiian Kingdom by certain persons claiming to have established a provisional government of and for this Kingdom, that said protest was forwarded to the President of the United States, also to Sanford B. Dole, Vice Chairman of the Executive Council of the said Provisional government, and was by the latter duly acknowledged; that in response to said protest the President of the United States sent a special commissioner in the person of Honorable James H. Blount to Honolulu to make an accurate, full, and impartial investigation of the facts attending the subversion of the Constitutional Government of Hawaii and the installment in its place of the Provisional Government; that said Commissioner arrived in Honolulu on the 29th day of March, A.D. 1893 and fulfilled his duties with untiring diligence and with care, tact and fairness; that said Commissioner found that the government of Hawaii surrendered its authority under a threat of war, until such time only as the government of the United States, upon the facts being presented to it should reinstate the Constitutional Sovereign, and the provisional government was created to exist until terms of union with the United States of America have been negotiated and agreed upon, also that but for the lawless occupation of Honolulu under false pretexts by the United States forces and but for the United States Minister’s recognition of the provisional government when the United States forces were its sole support, and constituted its only military strength, I, and my government would never have yielded to the provisional government, even for a time, and for the sole purpose of submitting my case to the enlightened justice of the United States, or for any purpose; also that the great wrong done to this feeble but independent state by an abuse of the authority of the United States should be undone by restoring the legitimate government.

That since the happening of said events, the executive and the Congress of the United States have formally declined the overtures of the said Provisional Government for the annexation of the Hawaiian Islands to the United States. That notwithstanding said facts, said provisional government has continued to exercise the functions of government in this Kingdom to the present date, and that its course, from the time of its inception to the present, has been marked by a succession of arbitrary, illiberal and despotic acts, and by the enactment and enforcement of pretended “laws” subversive of the first principles of free government and utterly at variance with the traditions, history, habits, and wishes of the Hawaiian people.

That said Provisional Government has now recently convened and is now holding what it is pleased to term a constitutional convention, composed of nineteen (19) self-appointed members being the President and Executive and Advisory Councils of said provisional government, and eighteen (18) delegates elected by less than ten percent (10%) of the legal voters of the Kingdom, consisting almost entirely of aliens, and chiefly of such aliens as have no permanent home or interest in Hawaii, and which said convention is now considering a draft of a constitution (copy of which is hereto attached) submitted for its approval by the Executive Council of said provisional government consisting of the President and Ministers thereof.

That it is the expressed purpose of the said provisional government to promulgate such Constitution as shall be approved by said convention without submitting it to a vote of the people, or of any of the people, and to thereupon proclaim a government under such constitution, and under the name of the Republic of Hawaii.

That the said provisional government has not assumed a republican or other Constitutional form, but has remained a mere executive council or oligarchy, set up without the consent of the people; that it has not sought to find a permanent basis of popular support, and has given no evidence of an intention to do so; that its representatives assert that the people of Hawaii are unfit for popular government and frankly avow that they can be best ruled by arbitrary or despotic power, and that the proposed constitution so submitted by said executive council of the provisional government for the approval of said convention does not provide for or contemplate a free, popular or republican form of government but does contemplate and provide for a form of government of arbitrary and oligarchical powers, concentrated in the hands of a few individuals irresponsible to the people, or to the representatives of the people, and which is opposed to all modern ideas of free government.

Wherefore, I, the constitutional sovereign of the Hawaiian Kingdom on behalf of myself and the people of my said Kingdom do hereby again most solemnly protest against the acts aforesaid and against any and all other acts done against myself, my people, and the Constitutional government of the Hawaiian Kingdom, and I do hereby most earnestly request that the government represented by you will not extend its recognition to any pretended government of the Hawaiian Islands under whatever name it may apply for such recognition, other than the constitutional government so deposed as aforesaid, – except such government shall show its title to exist by the will of the people of Hawaii, expressed at an election wherein the whole people shall have had an opportunity, unembarrassed by force, and undeterred by fear or fraud to register their preferences as to the form of government under which they will live.

With assurances of my esteem, I am, Sir,

Liliuokalani

The term “war crimes” was not coined until 1919 after the First World War ended in Europe. A common misunderstanding is that individuals whose criminal conduct constituted a war crime could only be prosecuted if that conduct arose after 1919. This is not the case because under the principles of international law, war crimes could have been committed since, at least, 1874, when delegates of fifteen European States gathered in Brussels, Belgium, at the request of Russia’s Czar Alexander II, in order to draft an international agreement concerning the laws and customs of war.

An agreement was made, but it wasn’t ratified by the fifteen States. It did, however, lead to the adoption of the Manual of the Laws and Customs of War at Oxford in 1880. Both the Brussels Declaration and the Oxford Manual formed the basis of the two Hague Conventions of 1899 and 1907.

At the Peace Conference held in The Hague, Netherlands in 1899, countries from across the world met in order to codify what was already accepted as customary international law regarding the rules of warfare and occupation, which is known today as international humanitarian law. The cornerstone of international humanitarian law during the occupation of a State is the duty of the occupying State to administer the laws of the occupied State, which is reflected in Article 43 of the 1899 Hague Convention, II.

Article 43 states, “The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” This article is a combination of Article 2, “The authority of the legitimate Power being suspended and having in fact passed into the hands of the occupants, the latter shall take all the measures in his power to restore and ensure, as far as possible, public order and safety,” and Article 3, “With this object he shall maintain the laws which were in force in the country in time of peace, and shall not modify, suspend or replace them unless necessary,”  of the 1874 Brussels Declaration. The Brussels Declaration was referenced in the Preamble of the 1899 Hague Convention, II. Article 43 was restated in the 1907 Hague Convention, IV.

The contracting States to the 1899 Hague Convention, II, also recognized that they were codifying customary international law and not creating new law. In its Preamble, it states, “Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity, and the requirements of the public conscience.” This particular provision of the Preamble has come to be known as the Martens clause. Professor von Martens was the Russian delegate at the 1899 Hague Peace Conference, that recommended this provision be placed in the Preamble after the delegates were unable to agree on the status of civilians who took up arms against the occupying State.

The Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties was established at the Paris Peace Conference in 1919 after World War I. Its role was to investigate the allegations of war crimes and recommend who should be prosecuted. In its report (Pamphlet No. 32, p. 18), the Commission identified 32 war crimes, two of which were “usurpation of sovereignty during military occupation” and “attempts to denationalise the inhabitants of occupied territory.”

Although these crimes were not specifically identified in 1899 Hague Convention, II, or the 1907 Hague Convention, IV, the Commission relied solely on the Martens clause in the 1899 Hague Convention, II. In other words, the Commission concluded that the war crimes of “usurpation of sovereignty during military occupation” and “attempts to denationalise the inhabitants of occupied territory” were recognized under principles of international law since at least the 1874 Brussels Declaration.

Under the war crime of usurpation of sovereignty during military occupation, the Commission concluded that from 1915-1918, Bulgaria engaged in criminal conduct when it “Proclaimed that the Serbian State no longer existed, and that Serbian territory had become Bulgarian,” and that “official orders show efforts of Bulgarisation (Pamphlet No. 32, p. 38).” The Commission also concluded Bulgaria committed the following acts of usurpation of sovereignty:

• Serbian law, courts, and administration ousted
• Taxes collected under Bulgarian fiscal regime
• Serbian currency suppressed
• Public property removed or destroyed, including books, archives and MSS (g., from the National Library, the University Library, Serbian Legation at Sofia, French Consulate at Uskub)
• Prohibited sending Serbian Red Cross to occupied Serbia

The Commission also concluded that Austrian and German authorities also engaged in the following criminal conduct of usurpation of sovereignty during military occupation from 1915 to 1918 during the occupation of Serbia (Pamphlet No. 32, p. 38).

• The Austrians suspended many Serbian laws and substituted their own, especially in penal matters, in procedure, judicial reorganization, &c.
• Museums belonging to the State (g., Belgrade, Detchani) were emptied and the contents taken to Vienna

Under the war crime of attempts to denationalize the inhabitants of occupied territory, the Commission concluded that from 1915-1918, Bulgaria engaged in the following criminal conduct in occupied Serbia (Pamphlet No. 32, p. 39).

• Efforts to impose their national characteristics on the population
• Serbian language forbidden in private as well as official relations
• People beaten for saying “Good morning” in Serbian
• Inhabitants forced to give their names a Bulgarian form
• Serbian books banned—were systematically destroyed
• Archives of churches and law courts destroyed
• Schools and churches closed, sometimes destroyed
• Bulgarian schools and churches substituted—attendance at school made compulsory
• Population forced to be present at Bulgarian national solemnities

The Commission also concluded that Austrian and German authorities also engaged in the following criminal conduct of attempts to denationalize the inhabitants of occupied territory from 1915 to 1918 during the occupation of Serbia (Pamphlet No. 32, p. 39).

• Austrians and Germans interfered with religious worship, by deportation of priests and requisition of churches for military purposes
• Interfered with use of Serbian language

The prosecution of German officials and their Allies for war crimes committed during World War I, however, was dismal. Of 5,000 individuals reported for war crimes only 12 were tried and 6 were convicted. Despite this failure, it was the beginning of imposing criminal liability on individuals for violations of international law that eventually became firmly grounded after the Second World War, which led to war crimes legislation in countries who were contracting parties to the 1949 Geneva Conventions, and also the establishment of the International Criminal Court.

Under the principles of international law, officials of the United States were capable of committing war crimes when the Hawaiian Kingdom was first invaded on January 17, 1893 and occupied until April 1, 1893; and invaded again and occupied since August 12, 1898 during the Spanish-American War. The criminal conduct committed by German, Austrian and Bulgarian officials against Serbia and its people are very similar to the criminal conduct by the United States after 1898 against the Hawaiian Kingdom and its people.

Where the following linked documents are in the original German language, an English translation follows.

In 2011, Switzerland passed a statute authorizing the Swiss Attorney General the authority to prosecute war crimes committed abroad. Under Swiss law, all criminal complaints are required to be investigated, and should it be the opinion of the investigator that there are no crimes being committed he is required to draft a report that explains why. This report is subject to review, however, by the Swiss Federal Criminal Court if the report is contested. The review is initiated when a formal Objection is filed with the Court within 10 days in accordance with Article 396(1) of the Swiss Criminal Procedure Code (SCPC). If the Court upholds the Objection, “it may issue instructions to the public prosecutor…on the continuation of the proceedings (Art. 397(3), SCPC).”

This criminal investigation process is very different from criminal investigations that occur within the United States, where the prosecutor has full and complete discretion to investigate a crime or not to investigate, and the decision not to investigate is not subject to review by a higher authority.

In a 2012 decision, the Swiss Federal Criminal Court rejected immunity claims made by a former Algerian Defense Minister Khaled Nezzar that he was immune from prosecution because the alleged war crimes occurred during his time in government office. The Court stated immunity is not available for international crimes such as war crimes, crimes against humanity, torture or genocide.

In December 2014, Dr. Keanu Sai, who represented two victims of war crimes from Hawai‘i through limited powers of attorney, filed a war crime complaint with the Swiss Attorney General (AG) in Bern, Switzerland. Dr. Sai filed additional complaints in January 2015. This initiated an investigation by Prosecutor Andreas Müller from the Swiss AG’s War Crimes Unit that eventually came before the Swiss Federal Criminal Court Objections Chamber in April 2015. The Court decreed that it could not accept Dr. Sai’s Objection due to a procedural technicality.

The Hawaiian Kingdom blog has redacted the name of one of the complainants for security and safety concerns.

After the Court’s decision, Dr. Sai was given information from a reliable source in Switzerland that a former Prosecutor of the Attorney General’s War Crime Unit (Center of Competence for International Crimes) admitted that after receiving the war crime complaints, the War Crime Unit could not refute the evidence of war crimes, and stated, anecdotally, it was as if a bomb went off in the office. He also admitted that the Swiss AG Office deliberately used a procedural technicality to prevent the Court from reviewing the investigation.

In his Report dated February 3, 2015, Prosecutor Müller took the position that war crimes are not being committed because Hawai‘i was annexed in 1898 by a Congressional joint resolution and in 1959 Congress created the State of Hawai‘i as the 50th State. Because of this, according to the Prosecutor, Hawai‘i is not occupied and therefore war crimes have not been committed. The problem with this reasoning, which the Prosecutor knows is wrong, is that he is relying on United States (US) laws enacted by the US Congress, which has no force and effect beyond US borders. According to this logic, Congress could pass a law today annexing Switzerland and then pass another law calling Switzerland its 50th State of the American Federal Union.

US laws are domestic or national laws that apply over the territory of a particular Nation or State. It has no effect beyond the borders of the country whose legislature enacted it. International laws, however, which are laws between nations, can annex foreign territory, which is a treaty or an agreement between the two States. There is no treaty between the Hawaiian Kingdom and the United States. Instead, Hawai‘i was occupied during the Spanish-American War on August 12, 1898, and that occupation has since continued under a cloak of deception and lies.

Responding to Prosecutor Müller’s error of relying on US laws and not international laws, Dr. Sai sent an Objection dated March 31 to the Federal Criminal Court, via FedEx, on April 1, 2015, which was one day prior to the expiration of the ten-day period. The Objection reached the Court in Bellinzona on April 8, 2015. The following day, the Court issued an Order to the Prosecutor to turn over all evidence of his investigation for consideration by the Court.

In just twenty days, the Court issued their Decision on April 28, 2015. After the Court named the former CEO of Deutsche Bank Josef Ackermann, State of Hawai‘i Governor Neal Abercrombie, Lt. Governor Shan Tsutsui, Director of Taxation Frederik Pablo, and Deputy Director Joshua Wisch as alleged war criminals of pillaging, and stating that the 1864 Hawaiian-Swiss Treaty was not cancelled, the Court concluded it was unable to accept the Objection because it was not filed timely within the required 10-day period.

In its judgment, the Court cited a 2012 Federal Criminal Court decision that concluded if a party uses FedEx, being a private courier, and not the Swiss Postal Service or diplomatic representative, the Court can only accept the filings on the day received and not sent. This was the procedural technicality that the former prosecutor spoke of, which is what they used in an attempt to slow down the process. Having been made aware of the actions taken by the Swiss AG’s office, Dr. Sai was preparing to re-file the complaints.

“At the center of these proceedings,” said Dr. Sai, “is whether a domestic law of the United States could have annexed another independent State, being the Hawaiian Kingdom. From a law standpoint it is clear that it cannot because domestic laws are limited to the territory of that particular country.” Dr. Sai also stated, “since the Permanent Court of Arbitration recognized the continued existence of the Hawaiian Kingdom as a “State” during arbitration proceedings from 1999-2001, the Swiss Prosecutor cannot claim otherwise unless he has evidence under international law that the Permanent Court of Arbitration didn’t have that Hawai‘i was annexed by a treaty. If there is a treaty then there are no war crimes, but if there is no treaty then you have war crimes. It’s that simple. ”

Before the re-filing, Dr. Sai met with Governor David Ige’s Chief of Staff Mike McCartney on three occasions in June of 2015. In these meetings that lasted over two hours each, Dr. Sai conveyed to McCartney that his clients were willing to forgo re-filing the complaint with the Swiss AG’s office if the Governor’s office would take corrective measures to address this matter. Dr. Sai also explained the remedy to the situation, which stems from his doctoral research in political science. On July 2, 2015, Dr. Sai provided McCartney a Report that covered what was discussed in the three meetings and a proposed remedy in line with international law and relevant rules of the State of Hawai‘i. After numerous failed attempts to reach McCartney, it left Dr. Sai with no alternative but to re-file the complaint, which would include Lt. Governor Shan Tsutsui who is a carry over from the previous administration under Governor Abercrombie.

On August 18, 2015, the War Crimes Report and Complaint was re-filed.  The investigation commenced in August and lasted for nearly six months. Prosecutor Müller issued a Report on January 28, 2016, again relying on the 1898 joint resolution of annexation and the 1959 Statehood Act.

Dr. Sai received Prosecutor Müller’s Report on February 13, 2016, which made the ten-day window expire on February 23. Dr. Sai sent his Objection to the Federal Criminal Court Objections Chamber on February 20, through the Swiss Postal Service in Geneva, and the Court received it on February 22. According to Article 91(2), SCPC, filings “must be delivered on the day of expiry of the time limit at the latest…handed for delivery to SwissPost, a Swiss diplomatic or consular representations.” In other words, delivery by the Swiss Postal Service or to a diplomatic or consular post is recognized by its post date and not by its date received.

On that same day the Court received Dr. Sai’s Objection, it issued an Order to Prosecutor Müller to furnish the Court right away all records of his investigation. Dr. Sai was copied on the Order.

The following month, Dr. Sai received a Letter from the Court dated March 2, 2016, whereby the Court notified him that the case has been accepted for review and that he will need to provide a security for court costs in the amount of 2,000 Swiss Francs to be deposited in the Court’s bank account by March 14, 2016. Additionally, Dr. Sai was also directed by the Court to resubmit the Objection with his original signature. Dr. Sai’s original Objection pleading that was sent on February 20 had a scanned signature and not his original.

On March 9, 2016, while Dr. Sai was visiting with a friend in San Francisco, he went to the Swiss Consulate to have his letter and package sent to the Court through diplomatic courier. The Consulate acknowledged its receipt of the package on the same day. Swiss law recognizes the “post-date” if sent through the Swiss Consulate, which means the package would be recognized by the Court as being filed on March 9, which is before the March 14 deadline.

Here follows the list of individuals who have been under a criminal investigation for war crimes since August 2015, and which is now under review by the Swiss Federal Criminal Court in Bellinzona, Switzerland.

1. Greg K. Nakamura—Judge, Circuit Court of the Third Circuit, State of Hawai‘i, whose address is Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212, Alleged War crime—Principal perpetrator of denial of a fair and regular trial;

2. Josef Ackermann, former Chief Executive Officer, Deutsch Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Gottfried Keller-Strasse 7, 8001 Zurich, Switzerland, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

3. Jürgen Fitschen, Co-Chief Executive Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

4. Anshu Jain, Co-Chief Executive Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

5. Stefan Krause, Chief Financial Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

6. Stephan Leithner, Chief Executive Officer Europe (except Germany and UK), Human Resources, Legal & Compliance, Government and Regulatory Affairs, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

7. Stuart Lewis, Chief Risk Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

8. Rainer Neske, Head of Private and Business Clients, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

9. Henry Ritchotte, Chief Operating Officer, Deutsche Bank Management Board, parent company of Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, whose address is Taunusanlage 12, 60325 Frankfurt, Germany, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

10. Charles R. Prather, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

11. Sofia M. Hirosone, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention;

12. Michael G.K. Wong, attorney for Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, belonging to the law firm RCO Hawaii, LLLC, whose address is 900 Fort Street Mall, Suite 800, Honolulu, HI 96813, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention; and

13. Glenn Swanson, realtor belonging to the real estate firm Savio Realty, whose address is 15-2911 Pahoa Village Rd, Pahoa, HI 96778, Alleged War Crimes—Principal perpetrator of pillaging and accomplice unlawful arrest and detention; and

14. Sandra Hegerfeldt, realtor belonging to the real estate firm Savio Realty, whose address is 15-2911 Pahoa Village Rd, Pahoa, HI 96778, Alleged War Crimes—Accomplice to pillaging and unlawful arrest and detention; and

15. Jessica Hall, realtor belonging to the real estate firm Savio Realty, whose address is 15-2911 Pahoa Village Rd, Pahoa, HI 96778, Alleged War Crimes—Accomplice to pillaging and unlawful arrest and detention; and

16. Dana Kenny, realtor belonging to the real estate firm Savio Realty, whose address is 15-2911 Pahoa Village Rd, Pahoa, HI 96778, Alleged War Crimes—Accomplice to pillaging and unlawful arrest and detention; and

17. Shawn H. Tsuha, at the time of the pillaging, unfair trial and unlawful arrest, Sheriff, State of Hawai‘i Department of Public Safety Sheriff’s Department, whose address is 919 Ala Moana Boulevard, 4^th Floor, Honolulu, HI 96814, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention; and

18. Patrick Kawai, Lieutenant, State of Hawai‘i Department of Public Safety Sheriff’s Department, whose address is Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212, Alleged War Crimes—Principal perpetrator of pillaging and accomplice to denial of a fair and regular trial and unlawful arrest and detention.

19. Samuel Jelsma, Captain, County of Hawai‘i Police Department, State of Hawai‘i, whose address is 15-2615 Kea‘au-Pahoa Road, Hilo, HI 96778, Alleged War Crimes—Principal perpetrator of unlawful arrest and detention;

20. Reed Mahuna, Lieutenant, County of Hawai‘i Police Department, State of Hawai‘i, whose address is 15-2615 Kea‘au-Pahoa Road, Hilo, HI 96778, Alleged War Crimes—Principal perpetrator of unlawful arrest and detention;

21. Brian Hunt, Patrolman, County of Hawai‘i Police Department, State of Hawai‘i, whose address is 15-2615 Kea‘au-Pahoa Road, Hilo, HI 96778, Alleged War Crimes—Principal perpetrator of unlawful arrest and detention;

22. Glenn Hara, Judge, Circuit Court of the Third Circuit, State of Hawai‘i, whose address is Hale Kaulike, 777 Kilauea Avenue, Hilo, HI 96720-4212, Alleged War Crimes—Principal perpetrator of denial of a fair and regular trial; and

23. Mitch Roth, Prosecuting Attorney, County of Hawai‘i, whose address is Aupuni Center, 655 Kilauea Avenue, Hilo, HI 96820, Alleged War Crimes—Principal perpetrator of unlawful arrest and accomplice to denial of a fair and regular trial.

24. Barack Obama, President of the United States, whose address is 1600 Pennsylvania Avenue NW, Washington, DC 20500, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

25. Jack Lew, Secretary, United States Treasury, since February 28, 2013, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

26. Neal Wolin, former Secretary, United States Treasury, from January 25, 2013 to February 28, 2013, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

27. Timothy F. Geithner, former Secretary, United States Treasury, from January 26, 2009 to January 25, 2013, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

28. Stuart A. Levey, former Secretary, United States Treasury, from January 20, 2009 to January 26, 2009, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

29. Henry M. Paulson, former Secretary, United States Treasury, from July 10, 2006 to January 20, 2009, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

30. Robert M. Kimmit, former Secretary, United States Treasury, from June 30, 2006 to July 10, 2006, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

31. John W. Snow, former Secretary, United States Treasury, from February 3, 2003 to June 30, 2006, whose address 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220, Alleged War Crime—Principal perpetrator of unlawful appropriation of property;

32. Neal Abercrombie, former Governor, State of Hawai‘i, from December 6, 2010 to December 1, 2014, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

33. Linda Lingle, former Governor, State of Hawai‘i, from December 2, 2002 to December 6, 2010, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

34. Ben Cayetano, former Governor, State of Hawai‘i, from December 2, 1994 to December 2, 2002, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

35. Shan Tsutsui, Lieutenant Governor, State of Hawai‘i, since December 27, 2012, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

36. Brian Schatz, former Lieutenant Governor, State of Hawai‘i, from December 6, 2010 to December 26, 2012, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

37. Duke Aiona, former Lieutenant Governor, State of Hawai‘i, from December 4, 2002 to December 6, 2010, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

38. Mazie Hirono, former Lieutenant Governor, State of Hawai‘i, from December 2, 1994 to December 2, 2002, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

39. Frederik Pablo, former Director of Taxation, State of Hawai‘i, from 2010 to 2014, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

40. Stanley Shiraki, former Director of Taxation, State of Hawai‘i, from 2009 to 2010, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

41. Kurt Kawafuchi, former Director of Taxation, State of Hawai‘i, from 2006 to 2009, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

42. Joshua Wisch, former Deputy Director of Taxation, State of Hawai‘i, from 2012 to 2013, and currently serving as Spokesman for the Attorney General’s Office of the State of Hawai‘i, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

43. Randolf L.M. Baldemor, former Deputy Director of Taxation, State of Hawai‘i, from 2010 to 2012, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

44. Ronald B. Randall, former Deputy Director of Taxation, State of Hawai‘i, from 2009 to 2010, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

45. Sandra Yahiro, former Deputy Director of Taxation, State of Hawai‘i, from 2006 to 2009, whose address is State of Hawai‘i Executive Chambers, State Capital, Honolulu, HI 96813, Alleged War Crime—Principal perpetrator of pillaging;

46. Bernard Carvalho, Mayor for Kaua‘i County, State of Hawai‘i, since December 1, 2008, whose address is 4444 Rice St., Suite 235, Lihue, HI 96766, Alleged War Crime—Principal perpetrator of pillaging;

47. Kaipo Asing, former Mayor for Kaua‘i County, State of Hawai‘i, from July 17, 2008 to December 1, 2008, whose address is 4444 Rice St., Suite 235, Lihue, HI 96766, Alleged War Crime—Principal perpetrator of pillaging; and

48. Bryan Baptiste, former Mayor for Kaua‘i County, State of Hawai‘i, from 2002 to July 17, 2008, who is deceased, Alleged War Crime—Principal perpetrator of pillaging.

These individuals are named as alleged war criminals for pillaging, unlawful appropriation of property, unfair trial and unlawful confinement, which are all war crimes under the Fourth Geneva Convention (1949) and international humanitarian law.

To understand the background of the alleged war crimes committed against Kale Kepekaio Gumapac by Deutsche Bank and State of Hawai‘i officials, Big Island Video News uploaded a 5-part news series in 2013.