Category Archives: War Crimes

Swiss Criminal Court Accepts Case on War Crimes Committed in Hawai‘i

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Swiss AG Office

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.

Dr. Keanu SaiIn 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. ”

Mike McCartneyBefore 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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
  1. 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
  1. 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
  1. 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
  1. 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
  1. 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, 4th 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
  1. 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.
  1. 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;
  1. 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;
  1. 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;
  1. 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
  1. 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.
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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;
  1. 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
  1. 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.

Big Island Video News: Keanu Sai on Na‘i Aupuni, OHA and Cambridge

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Big Island Video News: Dr. Keanu Sai is a political scientist at the forefront of an emerging understanding of Hawaii as an existing Kingdom under U.S. occupation. In this lengthy interview, Sai talks about his recent trip to the University of Cambridge in the United Kingdom where he was invited to present a paper on Hawaii as a non-European power. He also sets the record straight on his involvement with the Office of Hawaiian Affairs and the letter that was sent to U.S. Secretary of State John Kerry, and the controversial Na’i Aupuni election of delegates to an upcoming Hawaiian nation-building ‘aha.

The paper that Dr. Sai presented at Cambridge was Hawaiian Neutrality: From the Crimean Conflict through the Spanish-American War.

Canada Responds to War Crime Complaint and Japanese Consulate receives War Crime Complaint against TMT

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Royal Canadian Mounted Police Responds to War Crime Complaint by Protector of Mauna Kea and Japanese Consulate Receives War Crime Complaint against TMT

HONOLULU (Sep. 11, 2015) – In a letter dated July 7, 2015, attorney Dexter Kaiama was notified by the Superintendent of the Sensitive and International Investigations National Division of the Royal Canadian Mounted Police (RCMP) that their Department of Justice’s War Crime Program had reviewed the evidence of war crimes alleged to have been committed on the summit of Mauna Kea. The RCMP concluded, at that time, it did not have “jurisdiction over the issues brought forward based on the requirements of section 8 of the Crimes Against Humanity and War Crimes act.”

Section 8 states the RCMP would have jurisdiction if the alleged perpetrator “was a Canadian citizen or was employed by Canada in a civilian or military capacity [section 8(a)(i)];” or if the alleged victim “was a Canadian citizen [section 8(a)(iii)].” The July 7, 2015 RCMP response did not refuse jurisdiction on grounds that there is no armed conflict and that Hawai‘i is a part of the United States.

On May 13, 2015, Kaho’okahi Kanuha, who was accompanied by Dr. Keanu Sai, Ph.D., filed a war crime complaint with the RCMP in Ottawa, Canada. On behalf of his client, Attorney Kaiama drafted the complaint for Mr. Kanuha and Dr. Sai provided a report on the status of Hawai‘i as an independent and sovereign state under international law that has been under an illegal and prolonged occupation by the United States. The war crimes that were reported were destruction of property, unlawful confinement, and denial of a fair and regular trial.

On August 12, 2015, Mr. Kaiama submitted a response to the RCMP, where he stated, “While my client is not a Canadian citizen, the alleged perpetrators of war crimes committed against him stemming from the unlawful arrest and confinement of his person on the summit of Mauna Kea does fulfill the requirement under section 8(a)(i). This section provides that persons outside of Canada may be prosecuted for war crimes if they were ‘employed by Canada in a civilian or military capacity.’”

The August 12, 2015 response provided that “TMT hired the Honolulu based law firm Watanabe Ing LLP to represent them in Hawai‘i and is primarily responsible for the war crimes committed against my client by orchestrating and ordering the unlawful detainment carried out by State of Hawai‘i enforcement officers,” and that “James Douglas Ing is the primary attorney in charge of TMT matters on the summit of Mauna Kea.” The submitted response also identified others employed in a civilian capacity by the Canadian component of TMT, “the CEO and President of Goodfellow Bros, Inc., J. Stephen Goodfellow, and Chad Goodfellow, respectively, who was hired as the primary contractor for construction of the telescope on the summit of Mauna Kea. Other civilians included are the employees of Goodfellow, Inc.”

In his response, Mr. Kaiama also identified additional perpetrators meeting the requirements of Section 8 of the Canadian Crimes Against Humanity and War Crimes Act including those “individuals operating in a military capacity, and by direction of Douglas Ing in a civilian capacity, include, State of Hawai‘i armed force Governor David Ige, Attorney General Doug Chin, Deputy Attorney Generals Linda Chow and Julie China, and Director of the Department of Land and Natural Resources Suzanne D. Case, Hawai‘i County Police Officer Captain Richard Sherlock, Lieutenant DareenHorio, Supervising Officer Nelson Acob, Reporting Officer James Pacheco, and arresting Officer Kelsey K. Kobayashi.”

On August 24, 2015 Martin Bedard, Inspector in Charge of the War Crimes Section in Ottowa, confirmed receipt of Mr. Kaiama’s August 12, 2015 response “containing additional allegations” and that the Section is would be (“are and will be”) considering the additional allegations contained in said response.

Attorney Kaiama, representing Mr. Kanuha (and additional presently unnamed victims), also filed a complaint with the Japanese Consul General in Honolulu, Hawai’i on August 14, 2015 to report the violation of international laws in the unlawful detention and deprivation his clients rights to a fair and regular trial, and the destruction of public property during occupation carried out by TMT International Observatory, LLC, (TMTIO) upon the summit of Mauna a Wakea.

Through the filed Complaint, the Japanese Consul General was apprised of: (a) the comprehensive analysis of the international armed conflicts between the Hawaiian Kingdom and the United States from January 16, 1893 to April 1, 1893 and the current armed conflict since August 12, 1898; (b) Japan’s partnership in TMTIO through the Natural Institutes of Natural Sciences (NINS); (c) the destruction of public property during occupation upon the summit of Mauna a Wakea, beginning in 1970, and including Japan’s Subaru Telescope built in 1999; and (d) identification of the war crimes committed, and perpetrators of the reported violations.

The Complaint filed with the Japanese Consul General invoked Japan’s obligations to investigate the reported violations and initiate criminal proceedings under Article IV of the 1871 Hawaiian-Japanese Treaty which provides:

“It is hereby stipulated that the Hawaiian Government and its subjects, upon terms and conditions, will be allowed free and equal participation in all privileges, immunities and advantages that may have been or may hereafter be granted by His Majesty the Tenno of Japan, to the Government, citizens or subjects of any other nation.”

Click the following links to download:

CONTACT:
Dexter Kaiama
Email: cdexk@hotmail.com
Cell: (808) 284-5675

Hawai‘i’s History, International Law and Global Support with Aloha

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On August 5, 2015, a panel was on Hawai‘i’s history and international law was held at the Wailuku Civic Center, Island of Maui. The panel was moderated by Kale Gumapac and the panelist included Professor Kaleikoa Ka‘eo, University of Hawai‘i Maui College, Dr. Keanu Sai, University of Hawai‘i Windward Community College, Kaho‘okahi Kanuha, teacher at Punanaleo o Kona, and Dexter Ka‘iama, attorney at law. The organizer of the event was Ku‘uipo Naone.

Allegations of War Crimes Against New Zealand Citizen in Hawai‘i

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Mera Lee-Penehira

Dr. Mera Lee-Penehira, from the University of Auckland, has this week lodged a criminal complaint with Attorney General Christopher Finlayson QC, under the International Crimes and International Criminal Court Act 2000.

“The U.S. unilaterally seized the islands of Hawai‘i back in 1898 for military interests during the Spanish-American war, and have remained there as illegal occupiers ever since. This is about acknowledging and righting the wrongdoings of the U.S. in Hawai’i”, says Dr. Lee-Penehira.

A recent visit from leading political scientist Dr. Keanu Sai of the University of Hawai’i who met with tribal and political leaders, has brought to the fore the illegal occupation of Hawai’i, and the implications for New Zealand. He states that, “In 2001, the Permanent Court of Arbitration at The Hague, acknowledged that, in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States. By virtue of the 1851 treaty between the Hawaiian Kingdom and the British Crown, as well as our connection as peoples of the Pacific, New Zealand citizens have a special relationship with Hawai‘i.”

Dr. Lee-Penehira, has been to Hawai’i on a number of occasions in recent years, and last month visited Mauna a Wakea, a sacred site at the centre of contention between the U.S. government and Native Hawaiians. The planned construction of the world’s largest telescope, the TMT project, on this sacred site, has received much media attention of late and many New Zealand citizens are concerned about this issue.

Marama DavidsonMarama Davidson, member of Maori women’s political advocacy group Te Whare Pora Hou states, “Protectors of Mauna a Wakea have been occupying the sacred ancestral mountain on the island of Hawai‘i for over 120 days now, to prevent the construction of this telescope. We stand in solidarity with the protectors in efforts to stop this destruction. This is a direct attack on the physical, spiritual and cultural integrity of the maunga, and the wellbeing of both the environment and people.”

In lodging the complaint Dr Lee-Penehira is invoking her right as a New Zealand citizen under the 1851 treaty, “We need to challenge everything the U.S. government does in Hawai‘i, because on the basis of law, it is quite simply wrong. The historical documentation is clear, that the Hawaiian Kingdom continues to exist under an illegal occupation by the U.S. and that the laws of occupation must be complied with. As a victim of war crimes committed in Hawai‘i, this cannot be allowed to continue to take place with impunity.”

According to the complaint, Dr. Lee-Penehira states that she has suffered grave harm and calls upon the New Zealand Attorney General to “initiate an immediate investigation into the private organization called the State of Hawai‘i for the war crime of pillaging under the guise of taxation in accordance with 11(2)(b) of the International Crimes and International Criminal Court Act 2000 and fraud. The so-called taxes were collected under what the State of Hawai‘i calls a General Excise Tax (GET) at 4.712% while on the island of O‘ahu that includes a 0.546% “County Tax” and 4.166% on the other islands, and a Transient Accommodations Tax, also called a Hotel Room Tax, at 9.25%. The County Tax is deposited with the City and County of Honolulu, Island of O‘ahu.”

She also states in her complaint, “When a car is rented at the State of Hawai‘i’s Honolulu International Airport, there is a State of Hawai‘i GET at 4.712%, a Highway Surcharge at $3.00 a day, a Vehicle Registration fee between $0.35 and $1.45 a day, and an Airport Concession Recovery Tax at 11.1%. Except for the GET, the revenues collected for rental cars are deposited with the State of Hawai‘i Department of Transportation—Highway and Airport Divisions. Although the GET is levied on businesses for doing business in Hawai‘i, the State of Hawai‘i allows these businesses to pass those extra taxes on to the consumer of all goods in Hawai‘i.”

The alleged war crimes at the centre of the complaint include both unlawful taxation by the State of Hawai‘i, and the destruction of property by the State of Hawai’i for allowing the construction of telescopes on the summit of Mauna a Wakea.

Ms. Davidson supports the complaint saying, “These allegations of war crimes committed in Hawai‘i are very serious, and if true will have a profound effect on all New Zealanders as well as the Trans Pacific Partnership negotiations that are ironically taking place this week in Hawai‘i. It is now incumbent on New Zealand authorities to either prove that the Hawaiian Kingdom does not exist under international law and that there is no Hawaiian-British treaty, or initiate a criminal investigation into the allegations of war crimes committed against a New Zealand citizen.”

Denationalization through Americanization

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John_StevensOn November 20, 1892, U.S. Diplomat John Stevens assigned to Hawai‘i stated in a confidential dispatch to U.S. Secretary of State John Foster, we must “Americanize the islands, assume control of the ‘Crown lands,’ dispose of them in small lots for actual settlers and freeholders for the raising of coffee, oranges, lemons, bananas, pineapples, and grapes, and the result soon will be to give permanent preponderance to a population and a civilization which will make the islands like southern California, and at no distant period convert them into gardens and sanitariums, as well as supply stations for American commerce, thus bringing everything here into harmony with American life and prosperity. To postpone American action many years is only to add to present unfavorable tendencies and to make future possession more difficult.”

After seizing the Hawaiian Islands during the Spanish-American War, the United States initiated a formal policy of denationalization through Americanization throughout the Hawaiian Kingdom’s public schools system. Private schools followed the policy. In 1906, the formal policy was initiated to not only obliterate the national consciousness of the Hawaiian Kingdom in the minds of the children, but to also conceal the blatant violation of Hawai‘i’s sovereignty as a neutral state and the international law of occupation. This program was called “Programme for Patriotic Exercises in the Public Schools.” The purpose of the program was to inculcate American patriotism in the minds of the children and forced them to speak English and not Hawaiian.

Patriotic Exercises_TH

According to the Programme, “The teacher will call one of the pupils to come forward and stand at one side of the desk while the teacher stands at the other. The pupil shall hold an American flag in military style. At second signal all children shall rise, stand erect and salute the flag, concluding with the salutation, ‘We give our heads and our hearts to God and our Country! One Country! One Language! One flag!’”

In 1907, Harper’s Weekly magazine covered the Americanization taking place at Ka‘ahumanu and Ka‘iulani Public Schools, which has students from the first to eighth grade. When the reporter visited Ka‘iulani Public School, he documented the policy being carried out and took a picture of the 614 school children saluting the American flag. He wrote:

“At the suggestion of Mr. Babbitt, the principal, Mrs. Fraser, gave an order, and within ten seconds all of the 614 pupils of the school began to march out upon the great green lawn which surrounds the building. Hawaii differs from all our other tropical neighbors in the fact that grass will grow here. To see beautiful, velvety turf amid groves of palms and banana trees and banks of gorgeous scarlet flowers gives a feeling of sumptuousness one cannot find elsewhere.

Out upon the lawn marched the children, two by two, just as precise and orderly as you can find them at home. With the ease that comes of long practice the classes marched and countermarched until all were drawn up in a compact array facing a large American flag that was dancing in the northeast trade-wind forty feet above their heads. Surely this was the most curious, most diverse regiment ever drawn up under that banner—tiny Hawaiians, Americans, Britons, Germans, Portuguese, Scandinavians, Japanese, Chinese, Porto-Ricans, and Heaven knows what else.

‘Attention!’ Mrs. Fraser commanded.

The little regiment stood fast, arms at sides, shoulders back, chests out, heads up, and every eye fixed upon the red, white, and blue emblem that waved protectingly over them.

‘Salute!’ was the principal’s next command.

Children_Salute_1907

Every right hand was raised, forefinger extended, and the six hundred and fourteen fresh, childish voices chanted as one voice:

‘We give our heads and our hearts to God and our Country! One Country! One Language! One Flag!’

The last six words were shot out with a force that was explosive. The tone, the gesture, the gaze fixed reverently upon the flag, told their story of loyal fervor. And it was apparent that the salute was given as spontaneously and enthusiastically by the Japanese as by any of the other children. There were hundreds of them in the throng, and their voices rang out as clearly as any others, their hands raised in unison. The coldest clod of a man who sees the children perform this act of reverence must feel a tightening at the throat, and it is even more affecting to see these young atoms from all the world actually being fused in the crucible from which they shall issue presently as good American citizens.”

Under customary international law, Americanization is a war crime of attempting to denationalize the inhabitants of an occupied territory. Germans and Italians were prosecuted for the same war crime after World War II for implementing a systematic plan of Germanization and Italianization in occupied territories.

Indictment_Cover

Count_III

Germanization

Since the program began, Americanization had become so pervasive and institutionalized throughout Hawai‘i, that the national consciousness of the Hawaiian Kingdom was nearly obliterated, but for the institutional recovery of the Hawaiian language and the resurrection of diligent historical research that has begun to uncover the true status of the Hawaiian Kingdom as an independent state under an illegal and prolonged occupation. This revelation is reconnecting Hawai‘i to the international community and its treaty partners regarding the violations of rights and war crimes committed against the citizens and subjects of foreign states who have visited, resided or have done business in the Hawaiian Islands.

Lili‘uokalani_3In 1898, Queen Lili‘uokalani, in her autobiography “Hawai‘i’s Story by Hawai‘i’s Queen,” told what was to come. She wrote,

“Oh, honest Americans, as Christians hear me for my down-trodden people! Their form of government is as dear to them as yours is precious to you. Quite as warmly as you love your country, so they love theirs. With all your goodly possessions, covering a territory so immense that there yet remain parts unexplored, possessing islands that, although near at hand, had to be neutral ground in time of war, do not covet the little vineyard of Naboth’s, so far from your shores, lest the punishment of Ahab fall upon you, if not in your day, in that of your children, for ‘be not deceived, God is not mocked.’ The people to whom your fathers told of the living God, and taught to call ‘Father,’ and whom the sons now seek to despoil and destroy, are crying aloud to Him in their time of trouble; and He will keep His promise, and will listen to the voices of His Hawaiian children lamenting for their homes.”

Mauna Kea Protectors Persevere

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Over 700 protectors are victorious in preventing the TMT from resuming construction on the summit of Mauna Kea

Hilo, Hawaii (PRWEB) July 01, 2015. At approximately 12:30pm on Wednesday June 24th shouts of joy could be heard two miles away as Goodfellow Bros., Inc. with their escort of Department of Land and Natural Resources and Hawaiʻi County Police gave up their attempt to reach the summit of Mauna Kea to resume construction of the TMT (30 meter telescope). After spending over five hours to move the convoy of trucks and police officers two miles through dozens of Aloha Checkpoints, or lines of people in pule, oli, and hula, the convoy gave up and turned around after large rocks and boulders were discovered blocking the road above the last line of protectors. Pule, oli, and hula mean prayer, spiritual chant, and religious dance respectively.

Mauna Kea Protectors 1

12 protectors were arrested as the Goodfellow Bros., Inc. pushed through the dozens of Aloha Checkpoints adding to the 31 protectors arrested on April 2nd. The number of arrests Wednesday was relatively low given the number of protectors because according to Kahookahi Kanuha, their strategy was to not get arrested at the Aloha Checkpoints.

Kanuha, a protector of Mauna a Wākea who was one of the 31 arrested on April 2, 2015 and one of the 12 arrested June 24th (State of Hawai‘i v. Chase Kahookahi Kanuha, criminal no. 3DCW-15-0001042, Third Circuit Court, State of Hawai‘i), stated, “We will not allow them to further desecrate our mountain. We are not fazed by TMT’s decision and we are not fazed by the presence of law enforcement. We are also not in this for just one day. We are in this for the long haul and will protect our mountain until its safety is ensured no matter how long it takes. We will forever prevent the building of the TMT upon Mauna a Wākea until the very last aloha ʻāina lives.” Aloha ʻĀina in the Hawaiian language is patriot.

Mauna Kea Protectors 2

“The push to build the TMT telescope has also educated the public of Hawai‘i true history as a neutral country that has been under an illegal and prolonged occupation by the United States since the Spanish-American War,” continues Kanuha. “The closest parallel to Hawai‘i occupation as a neutral country would not take place until 16 years later when the Germans occupied the neutral country of Luxemburg in 1914 when World War I broke out. Hawaiʻi is the longest occupation in the history of international law.”

In 2001, the Permanent Court of Arbitration in The Hague, Netherlands, acknowledged that, “in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States, including by exchanges of diplomatic or consular representatives and the conclusion of treaties.” (Larsen/Hawaiian Kingdom http://www.pca-cpa.org/showpage.asp?pag_id=1159). Unable to pass a treaty of annexation because of diplomatic protests by the late Queen Lili‘uokalani and by Hawaiian subjects people who signed a signature petition against annexation that numbered 21,269, (over 95% of the voters) the United States passed a congressional law to seize Hawai‘i during the war with Spain so they could establish a naval base at Pearl Harbor and build up the islands as a military outpost (The Kue Petition and the joint resolution of annexation). The Congress justified this action as a military necessity. Today, the U.S. military controls nearly 20% of the islands.

Mauna Kea Protectors 3

“Since the occupation began, our great-grandparents and grandparents have been brainwashed into believing a false history that we are Americans and that Hawai‘i is a part of the United States, but we now know the truth. Our generation is now learning the correct history that is now being taught in preschools, middle schools, high schools, and in the colleges. We now know that Congress cannot pass a law annexing another country, no more than Congress can pass a law today annexing Canada. We now know that we’ve been under an illegal occupation that has been disguised through lies that Hawai‘i is the 50th State of the United States. And we now know that we are protected by international law and that the destruction of our sacred mountain and the arrests of the protectors are war crimes under the Hague and Geneva Conventions,” also states Kanuha.

After Kanuha reported war crimes have been committed by TMT to Canadian authorities in Ottawa on May 13, 2015, Constable Michael Johnson of the RCMP’s Sensitive and International Investigations unit assured Kanuha that they will initiate a preliminary investigation. More information can be found in this KITV report.

“We are ready for this challenge,” Kanuha said. “The more we struggle the stronger we become. TMT has chosen the wrong country, the wrong time and the wrong people. The TMT will not be built upon Mauna a Wākea because the people and international law will not allow it. We will win. We have no other option.”

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Photos generously provided with permission by Darren Miller Photography

For the latest updates and news directly from the protectors on Mauna a Wākea please visit our blog at https://maunaawakea.com.

Kuʻuipo Freitas
1-808-769-2470
kuuipomana@gmail.com

or

Kahoʻokahi Kanuha
1-808-936-4249
kahookahi@gmail.com

Video: Kanaka Express Show on Hawai‘i’s Prolonged Occupation

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https://vimeo.com/129756298

Kanaka Express Host Kale Gumapac interviews Dr. Keanu Sai, Attorney Dexter Ka‘iama and Professor Kaleikoa Ka‘eo. The three being interviewed share their work regarding the prolonged occupation of the Hawaiian Kingdom and the movement to ultimately bring the American occupation to an end. The show was filmed at the Akaku studio in Kahului, Maui on May 20, 2015.

Alleviating the Confusion: Swiss Criminal Procedures In Light of Civil Law Tradition

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What people may not know is that Switzerland’s criminal procedures are very different from the United States. Switzerland operates under a “civil law tradition” while the United States operates under a “common law tradition” that came from the English common law because the original thirteen States of the United States were formerly British colonies. In contrast, the civil law has codes and the common law does not. Civil law countries provide legal codes that explain all matters that can be brought before the courts, the applicable procedure of criminal investigations, the punishment for crimes, and trial. Switzerland’s codes are the Swiss Criminal Code (SCC) and the Swiss Criminal Procedure Code (SCPC). Common law countries do not provide comprehensive codes, but rather rely on numerous statutes and precedence set by decisions of judges, which is called stare decisis.

A very good compare and contrast of the two legal systems can be found in Dr. Vivienne O’Connor’s publication “Common Law and Civil Law Traditions.”

Another contrast is that in common law countries, judicial proceedings are adversarial between the prosecutor and the defendant, with the judge merely serving as the referee. In civil law countries, the proceedings are not adversarial and the judges play an integral role in both the criminal investigation stage as well as the trial stage. Under Swiss law (Article 17, SCPC), as in most civil law countries, judges can conduct criminal investigations, in addition to the police and the prosecutor. In Switzerland, these judges are called investigating magistrates and have more expanded powers than the prosecutor or police. Once an investigating magistrate concludes the criminal investigation he/she can seek indictments, and then the evidence and interviews that were conducted would be turned over to another judge or set of judges who will preside over the criminal trial. Jury trial is a common law tradition and not civil law. There are no jury trials in civil law countries, which includes Switzerland.

According to Dr. O’Connor, “International treaties and conventions also are sources of law in civil law countries. Most civil law countries are ‘monist’ meaning that when the country ratifies a treaty, it automatically becomes part of domestic law. This means that a judge can automatically apply it and a party in court can rely on international law in proceedings. In some countries, the judge can declare a national law or provision to be invalid if it conflicts with an international treaty or convention that the country has ratified.”

The Swiss Criminal Code provides for the Federal Attorney General to conduct criminal investigations for war crimes, but their decisions are subject to review by the “objections authority” of the Swiss Federal Criminal Court if someone is objecting to “the procedural acts and decisions [of an investigating magistrate, prosecutor or police] not subject to appeal (Article 20, SCPC).” This was the role the objection chambers of the Swiss Federal Criminal Court held in the case of Mr. Kale Gumapac and the unnamed Swiss citizen who were alleging that war crimes were committed against them in the Hawaiian Islands.

Swiss Treaty

What is the significance of the Swiss Federal Criminal Court’s reciting of Gumapac’s invoking his rights as a Hawaiian subject under the 1864 Hawaiian-Swiss treaty, “which wasn’t cancelled”? At first, it may appear that the Court was merely reciting Gumapac’s position that the treaty wasn’t cancelled, but did Gumapac state or even imply that it was he who was stating that the treaty wasn’t cancelled, or was it the three-judge panel that made that conclusion. The Court in making specific reference to Gumapac’s amended complaint dated January 22, 2015, stated, “that, in addition, by way of a letter dated January 22, 2015, [Dr. Keanu] Sai, in the name of Kale Kepekaio Gumapac…contacted the office of the Federal Attorney General and requested that criminal proceedings against Josef Ackermann…, the former CEO of Deutsche Bank National Trust Company…be opened and in this connection invoked rights deriving from Art. 1 of the friendship treaty between the Swiss Confederation and the then Hawaiian Kingdom of July 20, 1864, which has not been cancelled.”

In order to determine whether it was Gumapac who made this statement or the Court we need to look at what was stated in the amended complaint.

Gumapac, by his attorney-in-fact Dr. Sai, amended the original complaint dated December 7, 2014. The amended complaint states that Gumapac’s “initial complaint was based on universal jurisdiction, but in light of the fact that Josef Ackermann, who served as the Chief Executive Officer for Deutsche Bank when the war crimes were committed against [Gumapac], is a Swiss citizen, Mr. Gumapac is amending his complaint to include active personality jurisdiction and is invoking his rights as a Hawaiian subject under Article 1 of the 1864 Hawaiian-Swiss Treaty, which provides: “Hawaiians shall be received and treated in every canton of the Swiss Confederation, as regards their persons and their properties, on the same footing and in the same manner as now or may hereafter be treated, the citizens of other cantons.”

Active personality jurisdiction is when the accused is a Swiss citizen, and universal jurisdiction is where the alleged war crime was committed outside of Swiss territory by non-Swiss citizens against non-Swiss citizens.

The amended complaint then follows, “Therefore, according to Articles 118 and 119 of the Swiss Criminal Procedure Code (S-CPC), Mr. Gumapac is expressly declaring that he has suffered grave harm and respectfully demands that your office initiate an immediate investigation into the war crime of pillaging committed by Josef Ackermann being a Swiss citizen residing within the territory of the Swiss Confederation.” Gumapac made no statement that the treaty wasn’t cancelled, but rather was operating on the premise that the treaty remained binding on the Swiss authorities that were obligated to treat Gumapac in the same manner as Swiss citizens are treated in any of the cantons.

The question of whether or not a treaty has or has not been cancelled is a question of fact and not a question of law. The treaty itself will provide the process by which it can be terminated. For the Swiss treaty, Article VIII requires notice of intention to terminate by either of the contracting countries, and once the other country receives the notice of termination the treaty will terminate in 12 months. In the absence of any notice of termination, the “treaty will continue obligatory.”

Another way a treaty can be cancelled is if one of the countries that is a party to the treaty, ceases to exist as a country under international law. Without the existence of one of the parties there can be no treaty, because a treaty, by definition, is an agreement between two or more States. Therefore, if the Hawaiian Kingdom were annexed by the United States under international law, it would have consequently cancelled the Hawaiian-Swiss Treaty and replaced it with the U.S.-Swiss Treaty. This was specifically stated in the 1898 U.S. Congressional joint resolution of annexation, which read, “The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations.”

A joint resolution of Congress has no force and effect beyond U.S. territory and, as such, cannot have the power to cancel the treaty between Switzerland and the Hawaiian Kingdom. In other words, the only way to annex Hawai‘i and to cancel its treaty with Switzerland was for the United States to have a treaty with Hawai‘i that would have the effect of merging Hawai‘i into the United States. Only then would it have the effect of canceling the treaty with Switzerland. However, there is no treaty, but rather only a unilateral Congressional action.

When the Swiss Federal Criminal Court stated that the Hawaiian-Swiss treaty “wasn’t cancelled,” it was not a conclusion of law, but rather a conclusion of fact that supported Gumapac’s invoking of his rights under Article 1 of the treaty. In his report dated February 3, 2015, the Prosecutor, himself, also made the same conclusion regarding the status of the treaty. The report (German) (English translation) stated, “On January 22, 2015, Kale Kepekaio GUMAPAC confirmed in writing the accusations against Joseph ACKERMANN and in addition pointed out his rights stemming from Art. 1 of the friendship treaty between the SWISS CONFEDERATION and the then HAWAIIAN KING of July 20, 1864, which was never cancelled.”

Again this statement that the treaty was never cancelled was the Prosecutor’s conclusion and not Gumapac’s. Both the Prosecutor and the three-judge panel made the statement that the Hawaiian-Swiss Treaty wasn’t cancelled. Therefore, there is no dispute between the Swiss authorities and the war crime victims as to the treaty’s continued existence.

When the Court received the objection to the decision made by the Prosecutor on April 8, 2015, the President of the Objections Chamber ordered, by letter dated April 9, 2015, that the Prosecutor turn over all records of his investigation. The order stated, “In the matter mentioned above, a complaint against your decision not to engage of February 15, 2015 has been received at the Federal Criminal Court. You are requested to furnish the Federal Criminal Court right away with the records established in the abovementioned matter (including documents of receipt) with an index of the records.” This is a clear example of the civil law tradition where judges are involved in a criminal investigation. In common law countries such as the United States, there is no judicial oversight of a prosecutor’s decision to conduct a criminal investigation.

The three-judge panel of the Federal Criminal Court’s Objection Chambers would not have restated the allegations of war crimes in its April 28, 2015 decision unless the alleged war crimes met the statutory definition of war crimes under Swiss law. If not, it would have been deemed frivolous in this preliminary stage of the investigation and the Swiss Criminal Court would have dispensed with the criminal investigation and make no mention of the allegations. Nowhere in the decision did the three-judge panel state or even imply that the Prosecutor’s decision was going to be upheld.

Even more stunning, the decision specifically named Josef Ackermann, former CEO of Deutsche Bank, and officials of the State of Hawai‘i—Governor Neil Abercrombie, Lieutenant Governor Shan Tsutsui, Director of Taxation Frederik Pablo, and Deputy Director of Taxation Joshua Wisch. Under the civil law tradition, the decision by the Objections Chamber of the Federal Criminal Court is a part of the criminal investigation stage of these proceedings.

For the purposes of Swiss law, a war crime is defined as an international armed conflict, as between two or more States, even when occupation of the other State takes place without any armed resistance. The Hawaiian Kingdom was occupied by the United States on August 12, 1898, when the United States was waging war in the Spanish colonies of the Philippines and Guam. This was very similar and analogous to the German occupation of Luxemburg from 1914-1918 as it was waging war against France during World War I. Both the American occupation of Hawai‘i and the German occupation of Luxemburg took place without armed resistance.

From the decision (German) (translation to English), it appeared that the three-judge panel was prevented from reversing the Prosecutor’s decision because of a technicality, which was failure to submit the objection to the Court within the 10-day period allowed by law. In this case, Swiss law (Article 20, SCPC) allows the objections authority of the Swiss Federal Supreme Court’s Criminal Law Section to accept an objection to a decision made by “courts of the first instance,” which, in this case, is the three-judge panel of the Swiss Federal Criminal Court. Again, here is another example under the civil law tradition of having another level of judges overseeing a criminal investigation.

On May 29, 2015, the Clerk’s office of the objections authority of the Swiss Supreme Court’s Criminal Law Section accepted the objection, and assigned it case number 6B_563/2015. The Clerk’s office stated that the proceedings are against the Federal Criminal Court, Objections Chamber, as well as the Office of the Swiss Federal Attorney General. It further stated, “Possible procedural orders, as far as necessary, will follow.”

Swiss Federal Criminal Court Recognizes Switzerland’s Treaty with the Hawaiian Kingdom was Never Cancelled and Implies Hawai‘i was Never Annexed

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In a cogent and thoughtful decision the Swiss Federal Criminal Court Objections Chamber recently issued two important and profound statements as to the sovereignty of the Hawaiian Kingdom. Although the Court held that, the filing was untimely and no longer appropriate in a Swiss Federal Criminal Court. The case has now been moved to the Criminal Law section of the Swiss Federal Supreme Court in Lausanne. These procedural issues do not diminish the two critical statements the Court made about the status of Hawai‘i.

Download Federal Criminal Court Decision (German) (translation to English)

First, the Court stated that the 1864 Treaty between Switzerland and the Hawaiian Kingdom was never canceled—and is still in effect. Second, the Court identified certain officials and former officials of the State of Hawaii by name as possibly subject to a continuing investigation as to alleged war crimes. Although the Court ruled the filing was untimely, the Court did provide a means by which the plaintiffs could obtain review in the Swiss Supreme Court.

Professor Williamson B.C. Chang, a law professor at the University of Hawai‘i at Manoa, called this statement by the Swiss Court “an extraordinary assessment of the status of Hawaii with enormous ramifications. It confirms my own views that the United States never acquired the Hawaiian Islands, either in 1898 or thereafter.”

Professor Chang also stated, “Indeed, the fact that the statement was made, given that there was no need to make such a statement, renders the statement even more significant. If Hawai‘i had been annexed then all treaties of the Hawaiian Kingdom would have become void.”

The U.S. congressional joint resolution that purportedly annexed Hawai‘i in 1898 during the Spanish-American War stated, “The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations.” Obviously the Swiss Court was not swayed by the language of the joint resolution of Congress, and therefore concluded that the Hawaiian-Swiss Treaty was not cancelled.

To Professor Chang, the statement of the Swiss Court directly contradicts the official position of the United States as currently maintained by the United States Department of State, Office of the Historian, on its official website, “The McKinley Administration also used the [Spanish-American] war as a pretext to annex the independent state of Hawaii… At McKinley’s request, a joint resolution of Congress made Hawaii a U.S. territory on August 12, 1898.”

Second, and equally significant, the Objections Chamber of the Swiss Federal Criminal Court specifically named present and former State of Hawai‘i officials as well others who are defendants and alleged war criminals. Again, the Swiss Criminal Court dismissed on the grounds of untimeliness, nevertheless, the Court held that plaintiffs had a pathway to bring their claims before the Swiss Supreme Court. Thus, the actions of the Defendants will continue to be examined before that Court.

The naming of names is significant because the Court had no need to identify these individuals. Those named are the former Chief Executive Officer of Deustch Bank, Joseph Ackerman, the former Governor of the State of Hawai‘i, Neil Abercrombie, current Lieutenant Governor Shan Tsutsui, former Director of the Department of Taxation, Frederik Pablo, and former deputy Director, Joshua Wisch.

The Swiss criminal action began when the Swiss Attorney General received a war crimes report by Dr. Keanu Sai, as the attorney-in-fact for Mr. Kale Gumapac, a Hawaiian subject, who was a victim of war crimes in December 2014. Dr. Sai also represents another war crimes victim who is a Swiss citizen residing in the Hawaiian Islands, but his name is kept confidential for safety concerns. Prosecutor Andreas Muller from the Attorney General’s Competence Centre for Terrorism and Competence Centre for International Criminal Law initiated a war crimes investigation.

Prosecutor Muller abandoned the investigation on February 3, 2015, and Dr. Sai objected to the Swiss Federal Criminal Court Objections Chamber seeking an order to direct the Prosecutor to complete the investigation and proceed with the prosecution.

The Objections Chamber concluded they were prevented from hearing the objection because of a previous court case that stated if a private courier, such as FedEx, was used to submit documents to a court it would only recognize the date it was received and not the date it was postage marked. There was a 10-day period to object after Dr. Sai received the Prosecutor’s decision and report on March 23, 2015. The deadline to object was April 2, 2015. Although, the objection was sent via FedEx on April 1, 2015, it did not arrive at the Objections Chamber until April 8.

“When I received the Prosecutor’s report I needed to get it translated into the English language in order to draft the objection,” said Dr. Sai. “Once I got the translation, I wrote the objection, which was 12 pages, and then I proceeded to get it translated into German before sending it off. After the translation was completed on April 1, I immediately went to FedEx.” At the request of Dr. Sai, the Clerk of the Federal Criminal Court forwarded the case to the Federal Supreme Court in Lausanne.

In a letter (German) (translation to English) to Dr. Sai from the Criminal Law Section of the Federal Supreme Court dated May 21, 2015, the Clerk of the Court stated the Supreme Court will accept the case if Dr. Sai would “explicitly state by June 5, 2015 that the Federal Supreme Court should accept and treat [his] submission as an objection in criminal matters.” As directed, Dr. Sai drafted a letter dated May 24, 2015 (German) (translation to English), which stated “I hereby explicitly state that the Federal Supreme Court should accept and treat my submission in the above case as an objection in criminal matters pursuant to the provisions of the Federal Supreme Court Act (BGG) of June 17, 2005.” Dr. Sai’s letter arrived in Switzerland by a personal courier and mailed to the Supreme Court through the Swiss postal service on May 28, 2015, which met the deadline of June 5.

Big Island News Video: Kanuha Talks About Delivering War Crimes Complaint To Canada

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Big Island Video New Canada War Crimes Kanuha

HILO – On May 14, it was reported that a war crimes complaint was filed in Canada in connection with the planned Thirty Meter Telescope project on Mauna Kea. Since then, Kaho‘okahi Kanuha – one of the two individuals that made the international trip to deliver the complaint – returned to Hawaii. Kanuha is a spokesperson for the group that is blocking TMT from the summit of Mauna Kea. We spoke to him in Hilo on Saturday afternoon, May 16th.

The complaint was drafted by Kanuha’s attorney Dexter Kai’ama. Kanuha was accompanied by Dr. Keanu Sai, who drafted a detailed War Crimes Report at the request of Kai’ama. Shortly after the headline grabbing arrests that took place on the mountain on April 2, Big Island Video News spoke to both men.

One of the 31 arrested on Mauna Kea was Kanuha. Since then, his role in the movement has transformed as he takes on speaking engagements across the islands, although his position in regards to the TMT has not changed.

Since this interview was conducted, TMT announced Canada as a full partner in the project.

KITV 4 News: TMT Opponent Kaho‘okahi Kanuha files Formal War Crimes in Canada

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KITV War Crimes

Click here to view the KITV News clip that aired on Wednesday May 13, 2015.

HONOLULU—And there are no signs of slowing down for TMT opponents. In Canada earlier today, they filed formal war crimes complaints with the Canadian Justice Department.

Activist Kaho‘okahi Kanuha says the charges are for desecration of property, unlawful confinement, and being denied the right to a fair trial. The last two relates to the arrests of 31 protestors who blocked construction of the thirty-meter telescope.

Kaho‘okahi Kanuha in Canada stated: “We’re working off of the fact that Hawai‘i was never legally annexed by the United States of America. This has gotten international attention, world-wide attention, and the ramifications of the actions taking place on the mountain, are very, very, they’re huge.”

Kanuha says that filing initiates a preliminary inquiry into their complaints. He says if the Canadian Justice Department finds “probable cause”—it will launch a criminal investigation.

Canada and War Crimes

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Canada is a constitutional monarchy. The British Monarch is the Head of State and the Canadian Prime Minister is the Head of Government. Canada received its dominion status in 1867 under the Constitution Act enacted by the British Parliament. This Act provided self-government for Canada while the British Monarch remained the Head of State represented by a Governor General. Today the Constitution Act of 1867 forms the basis of Canada’s constitution.

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Since 1867, Canada’s treaties with other countries required the countersignature of a British Minister. The first treaty Canada entered into on its own was with the United States in 1923—the Halibut Treaty. Prior treaties that Great Britain entered into with other countries before 1923 applied to Canada if it mentioned the treaties application to British dominions as well as to the United Kingdom.

When the Hawaiian Kingdom entered into a Treaty of Friendship, Commerce and Navigation in 1851 with the British, the treaty applied to the United Kingdom and the British Monarch’s dominions, which included Canada. The Hawaiian-British Treaty would also apply to other countries that achieved dominion status, which today is referred to as realm status, include Antigua and Barbuda, Australia, The Bahamas, Barbados, Grenada, Jamaica, New Zealand, Papua New Guinea, St. Christopher and Nevis, St. Lucia, St. Vincent and the Grenadines, Solomon Islands, and Tuvalu. All realm countries recognized the British Monarch as the Head of State.

The Hawaiian-British Treaty is permanent and has no provision for cancellation. Other treaties the Hawaiian Kingdom entered into that have no provisions to terminate and are permanently binding include Denmark (1846) and Japan (1871).

In 1985, Canada established the Commission of Inquiry on War Criminals “to conduct such investigations regarding alleged [Nazi] war criminals in Canada, including whether any such persons are now resident in Canada and when and how they obtained entry to Canada.” The Commission made recommendations on how to bring war criminals to justice proposed amendments to laws to accomplish this.

By virtue of these recommendations, specialized war crime sections were established in the Department Justice, the Royal Canadian Mounted Police (RCMP), and the Citizenship and Immigration Canada. In 1998, the War Crimes Program was established as an interdepartmental initiative between these three departments. In 2003, the Canada Border Services Agency joined the three.

On December 18, 1998, Canada signed the International Criminal Court’s (ICC) Rome Statute that reinforced Canada’s commitment to enact further legislation to criminalize war crimes, crimes against humanity, and genocide. In 2000, Canada enacted the Crimes Against Humanity and War Crimes Act that authorized Canadian authorities to prosecute war crimes committed on Canadian territory and outside of Canada. If the war crimes are committed on Canadian territory, the jurisdiction is territorial. If the war crimes are committed abroad by a Canadian the jurisdiction is active personality principle, and if the victim of the war crime is Canadian the jurisdiction is passive personality principle. If the war crimes committed abroad have no direct connection to Canada, the jurisdiction is universal principle.

The ICC exercises universal jurisdiction with the primary responsibility to prosecute is with countries that signed the Rome Statute, but for cases that will be prosecuted by the ICC, Canada amended its Mutual Legal Assistance in Criminal Matters Act (1985) in 2015 to allow Canadian authorities to assist the ICC Prosecutor with their own investigation of persons and the gathering evidence in Canada.

RCMP Bldg (1)The RCMP National Division’s Sensitive and International Investigations unit is responsible criminal investigations for war crimes. The Sensitive and International Investigations “is tasked with investigating the activities of suspected war criminals who have sought safe haven in Canada. These investigations require strong collaboration between the RCMP and our national and international partners, the ability to adapt to various foreign legal systems while respecting their customs and laws, and bringing these convicted war criminals to justice by denaturalizing, deporting or extraditing them.”

This unit works together with the Department of Justice’s Crimes Against Humanity and War Crimes Section. War crimes can be reported to both agencies and both are headquartered in Ottawa, capital city of Canada.