Component Commands of the Indo-Pacific Command Notified to Withdraw from the Hawaiian Islands prior to October 26, 2024

On October 20, 2023, the Council of Regency, as the government of the occupied State, initiated the process to terminate the 1884 Supplemental Convention (“Pearl Harbor Convention”). Secretary of State Antony Blinken received the notice of termination from the Council of Regency on October 26, 2023, at 05:47 hours, which consequently triggered the tolling of twelve months. According to the terms of the Pearl Harbor Convention, the treaty will be terminated on October 26, 2024, 05:47 hours.

The Pearl Harbor Convention extended the duration of the 1875 Commercial Reciprocity Treaty an additional seven years until 1894, unless either the United States or the Hawaiian Kingdom gives notice to the other of its intention to terminate the treaty and convention. According to Article I:

The High Contracting Parties agree, that the time fixed for the duration of the said Convention, shall be definitely extended for a term of seven years from the date of the exchange of ratifications hereof, and further, until the expiration of twelve months after either of the High Contracting Parties shall give notice to the other of its wish to terminate the same, each of the High Contracting Parties being at liberty to give such notice to the other at the end of the said term of seven years or at any time thereafter.

As a condition for the extension of the commercial treaty, the United States sought exclusive access to Pearl Harbor. Article II of the Pearl Harbor Convention provides:

His Majesty the King of the Hawaiian Islands grants to the Government of the United States the exclusive right to enter the harbor of Pearl River, in the Island of Oahu, and to establish and maintain there a coaling and repair station for the use of vessels of the United States, and to that end the United States may improve the entrance to said harbor and do all other things needful to the purpose aforesaid.

According to Article 1, the Pearl Harbor Convention came into effect in 1887 after ratifications were exchanged in Washington, D.C., and would last for seven years and further until “either of the High Contracting Parties shall give notice to the other of its wish to terminate the same,” where termination would commence twelve months after the notification is received by the other High Contracting Party. Although the Hawaiian government was unlawfully overthrown by the United States on 17 January 1893, the Hawaiian Kingdom as a State under international law continued to exist.

After the Hawaiian government was overthrown by the United States in 1893, the United States did nothing with Pearl Harbor until 1908 when the United States Congress allocated monies to build a naval station instead of a “coaling and repair station.” This violated the terms of the Pearl Harbor Convention as well as violating the Hawaiian Kingdom’s neutrality under international law.

The Pearl Harbor Convention has a direct nexus to the presence of the U.S. military component commands of the Indo-Pacific Command that has military installations and firing ranges outside of the perimeter of Pearl Harbor. Component commands of the Indo-Pacific Command include: United States Army Pacific, United States Marine Corps Forces Hawai‘i, and United States Joint Base Pearl Harbor-Hickam.

A note of the Hawaiian Kingdom attached to the Pearl Harbor Convention stated, “that Hawaiian Sovereignty and jurisdiction were not impaired that the Hawaiian Government was not bound to furnish land for any purpose and that the privilege to be granted should be coterminous with the Treaty.” Coterminous is defined as “having the same boundaries,” which is limited to Pearl Harbor.

The unlawful presence of the United States military has transformed the Hawaiian Kingdom from a neutral State into a military target by its adversaries, which first occurred on 7 December 1941 when Japan’s military forces attacked U.S. military targets. The high probability of military attacks by other countries, such as North Korea, China, and Russia continue due to the rising tensions in the Indo-Pacific region. In 1990, the Federal Emergency Management Agency’s Risks and Hazards—A State by State Guide listed 6 targets for nuclear attack that would effectively annihilate the entire Island of O‘ahu. The presence of the United States military places the civilian population of the Hawaiian Kingdom into perilous danger.

The component commanders—General Charles A. Flynn, Commander U.S. Army Pacific, Lieutenant General William M. Jurney, Commander U.S. Marine Corps Forces Hawai‘i, Captain Mark Sohaney, USN, Commander U.S. Joint Base Pearl Harbor-Hickam, and Colonel Monica Gramling, Deputy Commander U.S. Joint Base Pearl Harbor-Hickam, were notified by Dr. David Keanu Sai, as Head of the Royal Commission of Inquiry:

In light of the termination of the Pearl Harbor Convention, all Title 10 military forces of the four component commands of the Indo-Pacific Command—Army, Navy, Air Force and Marines, shall forthwith cease and desist any and all military exercises, to include utilizing live fire ranges across the islands, and anywhere within 200 nautical miles from the low water mark of the shoreline of the islands that constitute the Hawaiian Kingdom’s territorial sea and its exclusive economic zone, and to complete the withdrawal from the Hawaiian Islands by 26 October 2024.

The Staff Judge Advocates of the Indo-Pacific Command and the 25th Infantry Division were also included with the notifications. In his letters, Dr. Sai restated from the Council of Regency’s proclamation terminating the Pearl Harbor Convention:

And, We do require that when the United States has received this notice of termination, it shall, prior to the expiration of twelve months in accordance with Article I of the 1884 Supplemental Convention, remove all movable property at its military facilities throughout the Hawaiian Islands, including unexploded munitions, and fuel, with the exception of real property attached to the land or erected on it, including manmade objects, such as buildings, homes, structures, roads, sewers, and fences, to include on other properties that have been or are currently under its supervision and command.

Dr. Sai stated that the reasoning for notifying the component commands was because it was unclear whether the State Department notified Indo-Pacific Command of the termination of the Pearl Harbor Convention. Dr. Sai also stated that it did not appear that U.S. troops were beginning to be withdrawn. In his letters to the commanders of the component commands, Dr. Sai addressed the war crimes of confiscation or destruction of property:

Military installations and target ranges beyond Pearl Harbor were unlawfully confiscated by the United States from the Hawaiian Kingdom public lands and the estates of private persons in violation of international humanitarian law and the law of occupation. Live fire at these target ranges constitute destruction of property. According to Professor William Schabas, renowned expert on international criminal law, war crimes and human rights, in his legal opinion on war crimes being committed in the Hawaiian Kingdom, there are five elements of the war crime of confiscation or destruction of property.

Following the end of hostilities during the Second World War, the war crimes tribunals in Nuremburg and Tokyo, “marked a clear recognition by the international community that all members of the chain of command who participate or acquiesce in war crimes must bear individual criminal responsibility.” Command responsibility arises when the military superior during an occupation of a foreign State fails to exercise sufficient control and accountability for his/her subordinates’ in the commission of war crimes. And a “non-military commander is [also] responsible for omissions which lead to the commission of crimes.” The doctrine of command responsibility arises when a superior, by omission, fails to control or punish those under his/her command.

Dereliction of the performance of a duty arises when a commander took no action to prevent, stop, or punish. Confiscation and destruction of property are war crimes and commanders of the four component commands have a duty to stop the further commission of these and other war crimes. Dereliction of the performance of a duty is also a war crime of omission.

Dr. Sai’s letter concluded with:

Since 17 April 2023, I have been in communication with Major General Kenneth Hara of the State of Hawai‘i Department of Defense, regarding his duty under international law and Army regulations, to transition the State of Hawai‘i into a military government. Of note in my meeting with BG Okamura on November 1, 2023, he stated to me that the withdrawal of U.S. troops because of the termination of the Pearl Harbor Convention will create chaos. I acknowledged that it would indeed be chaotic, and then answered that is precisely why MG Hara must establish a military government to facilitate the withdrawal of U.S. troops and begin to comply with the law of occupation. BG Okamura responded to me with that’s a good plan.

Unlike American politicians, members of the military have a duty and responsibility to comport with international law and regulations. To begin to withdraw Title 10 troops under your command is a duty imposed by the terms of a treaty and that you have command responsibility. Your presence in this country was by virtue of a treaty that would last from 1887 to 1894, and further, unless either country gives notice to the other of its intention to terminate. That notice to terminate was received by the United States on 26 October 2023 at 05:47 hours, which triggered the tolling of 12 months for termination. Therefore, your withdrawal is a duty imposed by the termination of that treaty that is not affected by any presidential or congressional action.

There would be no duty imposed upon you if the Hawaiian Kingdom had ceased to exist as a State under international law, but this is not the case because the United States recognized the continued existence of the Hawaiian Kingdom as a State and the Council of Regency as its government by opinio juris. Additionally, the United States explicitly recognized the Council of Regency by agreement so it could be granted permission to access all records and pleadings of the Larsen v. Hawaiian Kingdom case at the Permanent Court of Arbitration.

15 thoughts on “Component Commands of the Indo-Pacific Command Notified to Withdraw from the Hawaiian Islands prior to October 26, 2024

    • There is no money, only legal tender known as Federal Reserve Notes. One of the major attributes of money is it is a store of value. And we all know Federal Reserve Notes are fiat. Besides, it would be an offense against the revenue laws and most people don’t have the notes to invest nor understand the consequences of messing with the Federal Reserve. You should read the affidavit of Walker Todd.

      • I read it in 2008, so what? He is not saying anything we didn’t already know. You would be lying if you are saying you don’t use FED notes at all, when paying for goods or services yourself. The only reason he submitted that affidavit was because he personally knew the defendants. No one else will be allowed to use it except for informational purposes. But even then, so what? You want to function in the real-world use FED notes. You want to store value, buy gold. Oh yeah, how you going buy the gold? With FED notes. LOL

  1. I always did love your work Kumu! Nice move to directly cover all the bases as the essential components of the command are now on the ICC lele too. With the US State Department on notice, it remains to be seen how this treaty dispute will rollout in the political branches as well as in the Federal administrative system. I just love the constructive tension here, it’s mesmerizing! As simple as the presentment and default process is however I just believe it’s great that we have this monumental example to gain such knowledge from. The administration of international humanitarian law as developed in the absence of our sovereigns state, in our territory, as well as US Federal law is certainly our greatest asset! Nui aloha ‘aina no ka wai awaawa!

  2. Chicken Skin! It’s actually happening!! The push to transition has finally commenced!! Mahalo nui Regents! You have our full support, as we continue to do our part on the ground!

  3. If MG Hara fails to establish a military government to facilitate the withdrawal of U.S. troops and begin to comply with the law of occupation, all those under him would be duty bound to report him, correct? Or would those under him be duty bound to place him under military arrest? What would their course of action, to avoid committing a war crime themself, be? Obviously action again it, but what action?

    That’s quite the political choke hold you put on them Kauka-Kumu-Regent Sai.

  4. Amazing to witness the methodical TAKEDOWN of false presumptions and unlawful occupiers– WOW! I was a product of those ‘false teachings’ that have brainwashed locals & the world for a century+. GRATEFUL for my 2020 ‘truth’ awakening– better late than never!

    While I’m likely jumping the gun here, once the ‘reversal’ has begun, it WILL be exciting times for especially our youth who CAN HELP LEAD by ‘translating’ what has happened/needs to happen into ‘TRUTH chunks’ for others to comprehend. I say that as a terminated teacher, who had made ‘service to others’ a key part of my middle school library aide curriculum with “real world” jobs (editors, webpage designer, etc) Even students who others labeled as ‘bad’ totally THRIVED when given respect, a voice & opportunity to contribute! Go figure?

    Always had this idea of how to disseminate important lawful info to the community by some “Legal Briefs” segments. The opening cartoony scene is of course “briefs”/underwear blowing around on a clothesline, ha! While folks SHOULD watch & innerstand all the decades of amazing work done by the acting Council of Regency et al, a lighter format WILL also be needed too.

    To our “David” Keanu Sai (et al!) — so much respect for your persistence, gaman (我慢), Sisu (Finnish), ho’omau etc! It’s said our local honu began making a comeback in larger numbers in the late 70s– like your efforts?! Honu navigate sea, land & humans, a symbol of longevity, safety, and mana. Their presence brings good luck, WISDOM and peace. Seems like a perfect symbol of this journey where “Slow and steady” Honu “WINS the race.”

    Forever grateful! Mahalo! <3

      • Yes– however the rigged maritime law judicial system discounts EVERYTHING that calls them out, inc. the “NO TREATY” Hawaiian Kingdom claim. For those who are curious watch: “First National Bank of Montgomery v Daly”

        My foreclosure judge was initially Castagnetti. I included UN deZayas letter as an exhibit which she quickly discredited as ‘political’. Believe me, I’ve learned/tried everything. Even when IN Chapter13, the “not-for-profit” local lender w/ 2B in assets, did NOT want monthly payments– they wanted our home– so they sold anyway. LAND SHARKS are so real.

        Got a recent fab suggestion to ‘keep me in their court game’, so I w/drew my petition then refiled w/in a span of 10 days BEFORE judge had signed sale confirmation. Bankruptcy Ct. accepted yet expect the LAND SHARKS to soon retaliate.

        HOPE *this time* it sticks so I can resume contributing more to OUR common good rather than just a focus on home-preservation for my children & I.

        Mahalo Lopaka et al for BEING AWAKE (((together))) on this bumpy adventure! Whew!

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