For immediate release – 23 August 2021
Contact: Dr. David Keanu Sai, Ph.D.
Czech Republic Temporarily Closes its Hawai‘i Consulate After Being Notified that its Consulate Stands in Violation of International Law and Hawaiian Kingdom Law
HONOLULU, 23 August 2021 — In a letter dated 14 July 2021, U.S. Federal Magistrate Judge Rom Trader, who has been assigned the Hawaiian Kingdom v. Biden et al. lawsuit, was notified by Josef Smycek, Deputy Consul General for the Czech Republic’s Consulate General in Los Angeles, that after receiving the Hawaiian Kingdom’s complaint where the Czech Republic’s Hawai‘i Consulate was named as a defendant it temporarily closed its “Honorary Consulate of the Czech Republic” after consulting with “the Ministry of Foreign Affairs of the Czech Republic in Prague.”
Two weeks prior to the filing of the complaint, H.E. David Keanu Sai, Minister of Foreign Affairs ad interim, sent a letter of correspondence dated 20 April 2021 to H.E. Hynek Kmoníček, Czech Republic’s Ambassador to the United States, notifying him:
The Czech Republic’s Honorary Consulate within the territory of the Hawaiian Kingdom is by virtue of ‘American municipal laws,’ which stand in violation of Hawaiian sovereignty and independence, and, therefore, constitutes an internationally wrongful act. As an occupied State, Hawaiian independence and sovereignty is preserved under the rules and principles of international law despite over a century of effective occupation and control of Hawaiian territory by the United States. In order to rectify this internationally wrongful act, the Council of Regency is ready to receive Mrs. Ching’s credentials as Honorary Consul and is prepared to grant an execquatur to the same.
Other Countries whose Ambassadors who were also notified that their Consulates in Hawai‘i are maintained in violation of international law include Australia, Austria, Bangladesh, Belgium, Brazil, Chile, Denmark, Finland, France, Germany, Hungary, India, Italy, Japan, Luxembourg, Mexico, Morocco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Slovenia, South Korea, Spain, Sri Lanka, Sweden, Switzerland, and Thailand. Of these countries, the Hawaiian Kingdom has treaties with Australia, Austria-Hungary, who is the predecessor State of the Czech Republic, Belgium, Denmark, France, Germany, Italy, Japan, Luxembourg, Netherlands, New Zealand, Sweden-Norway, Spain, and Switzerland.
After receiving no response from the Czech Republic nor any of the other countries, the Council of Regency filed its complaint with the United States District Court for the District of Hawai‘i. The complaint read:
§458 of the Hawaiian Civil Code states, “[n]o foreign consul, or consular or commercial agent shall be authorized to act as such, or entitled to recover his fees and perquisites in the courts of this Kingdom, until he shall have received his exequatur.” These consulates have not presented their credentials to the HAWAIIAN KINGDOM in order to receive exequaturs but rather received their exequaturs from the Defendant UNITED STATES OF AMERICA under the municipal laws of the United State.
In its amended complaint filed with the Court on 11 August 2021, the Hawaiian Kingdom acknowledges the closure of the Czech Republic’s Consulate as conforming to international law. The complaint read:
On June 30, 2021, the Czech Republic filed a letter to this Court announcing the temporary closure of its Honorary Consulate in the Hawaiian Kingdom. The Hawaiian Kingdom acknowledges this act of State to be in conformity with Article 30(a) of Responsibility of States for Internationally Wrongful Acts (2001), whereby “[t]he State responsible for the internationally wrongful act is under an obligation (a) to cease that act, if it is continuing.” Article 30(b), however, states that the responsible State shall “offer appropriate assurances and guarantees of non-repetition, if circumstances so require.” The Czech Republic has yet to assure the government of the HAWAIIAN KINGDOM guarantees of non-repitition. Furthermore, Article 31 provides that the “responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act,” and that the “[i]njury includes any damage, whether material or moral, caused by the internationally wrongful act of State.”
According to Minister Sai, “all of the foreign consulates named in the complaint are Contracting States to the 1907 Convention that established the Permanent Court of Arbitration (PCA). These defendants are also members of PCA Administrative Council, which include the Czech Republic, that publishes the PCA Annual Reports of 2000 through 2011 that acknowledge the Hawaiian Kingdom as a non-Contracting State in the arbitral dispute Larsen v. Hawaiian Kingdom.” “In other words,” stated Minister Sai, “these defendants were aware of the American occupation since, at least, the PCA Annual Report of 2000, and willfully and unlawfully maintained their Consulates in violation of international law.”
Minister Sai also served as lead agent for the Council of Regency in Larsen v. Hawaiian Kingdom, PCA case no. 1999-01, from 1999-2001, where the PCA explicitly acknowledged the Hawaiian Kingdom as a “State.” He is also the Head of the Royal Commission of Inquiry that recently published an eBook The Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom.
Professor Federico Lenzerini, a professor of international law at the University of Siena, Italy, explains, “As a scholar of international law, like most of my colleagues in Europe, I was not aware about the legal status of Hawai‘i as an independent State. Like most people, I considered Hawai‘i to be a State of the United States Federal Union. However, after a more in-depth research, and after having had the good fortune to interact with the people who struggle day after day for the recovery of the political and cultural identity of the Hawaiian Islands, I was amazed about the rich history of the Hawaiian Kingdom as a sovereign country and its political and diplomatic relations with Italy and many other countries of Europe, mainly based on treaties which are still valid today. In my legal opinion, I explain why the Hawaiian Kingdom continues to exist as an independent State according to the rules of international law, and also provide the arguments confirming the full legitimacy of the Council of Regency, which possesses the authority of representing the Hawaiian Kingdom at the domestic as well as at the international level.”
For an authoritative legal explanation on the continuity of the Hawaiian Kingdom and the authority of the Council of Regency see Professor Federico Lenzerini’s legal opinion on this subject. Professor Lenzerini was quoted by the Lidovky’s story, Surfem ke svobodě. Havajané se chtějí osamostatnit, na olympiádě touží mít vlastní vlajku. Professor Lenzerini is also Deputy Head of the Royal Commission of Inquiry. He can be contacted by email at: firstname.lastname@example.org.
On January 13, 2020, the National Lawyers Guild (NLG), the oldest and largest progressive bar association in the United States, called upon the United States to immediately begin to comply with international humanitarian law in its prolonged and illegal occupation of the Hawaiian Kingdom since 1893. As the longest running occupation of a foreign country in the history of international relations, the United States has been in violation of international law for over a century.
In a letter to State of Hawai‘i Governor Ige dated November 10, 2020, the NLG called “upon the State of Hawai‘i and its County governments, as the proxy of the United States, which is in effective control of Hawaiian territory, to immediately comply with international humanitarian law while the United States continues its prolonged and illegal occupation of the Hawaiian Kingdom since 1893.”
The position taken by the NLG was supported by a resolution that was passed by the International Association of Democratic Lawyers (IADL) on February 7, 2021. The IADL is a non-governmental organization of human rights lawyers founded in 1946, with member associations throughout the world and with consultative status in the United Nations Economic and Social Committee. It’s headquarters is in Brussels, Belgium, and is dedicated to upholding international law and promoting the tenets of the UN Charter in furtherance of peace and justice.