The United States has had its footprint in the Hawaiian Kingdom since U.S. troops unlawfully landed on Hawaiian territory on January 16, 1893, in order to secure protection for a puppet government, calling themselves the Committee of Safety. The puppet government was created by the U.S. diplomat John Stevens. The following day, Stevens extended de facto recognition to this small group of roughly 30 individuals calling themselves the provisional government and ordered the U.S. troops to protect them from arrest by the Hawaiian police force for treason. Their stated purpose was to seek annexation to the United States.
A treaty of annexation was signed in Washington, D.C. between the insurgency and President Benjamin Harrison on February 14, 1893 and submitted to the U.S. Senate for ratification. On March 4th, President Grover Cleveland replaced Harrison and after receiving a diplomatic protest from Queen Lili’uokalani on the 9th he removed the treaty from the Senate and initiated a presidential investigation into the overthrow of the Hawaiian Kingdom government. His investigator, James Blount, who was the former Chairman of the House Committee on Foreign Affairs, reported “The American minister and the revolutionary leaders had determined on annexation to the United States, and had agreed on the part each was to act to the very end.” The investigation was completed on December 18, 1893 and determined the United States was responsible for the unlawful overthrow of a friendly government.
Negotiations took place between the Queen and the President’s diplomat, Albert Willis, in Honolulu beginning on November 13, 1893, and an agreement was reached on December 18th that obligated the United States to reinstate the Queen in her constitutional authority and thereafter the Queen to grant a pardon to the insurgents. This agreement, which under international law is a treaty, was not carried out. This allowed the illegal regime to hire American mercenaries in order continue to intimidate and coerce government officials in the executive and judicial branches of the Hawaiian government to sign oaths of allegiance. This illegal regime changed its name to the so-called Republic of Hawai‘i on July 4, 1894.
On August 12, 1898, the United States disguised the military occupation during the Spanish-American War as if Hawai‘i ceded its territory and sovereignty by a treaty. There is no treaty. According to Marek’s Identity and Continuity of States in Public International Law, p. 110, “a disguised annexation aimed at destroying the independence of the occupied State, represents a clear violation of the rule preserving the continuity of the occupied State.”
The regime’s name has since been changed to the Territory of Hawai‘i in 1900 and then to the State of Hawai‘i in 1959. For the past 121 years the United States footprint has never left the islands and because of its deliberate failure to administer the laws of the Hawaiian Kingdom through its illegal regimes since 1893 it has created a state of emergency that called for a comprehensive plan for transition from an illegal regime to a military government before the occupation can come to an end.
When a State is illegally occupying territory and has established an illegal regime, all official acts of the occupying State are null and void except for the registration of births, marriages and deaths. This is referred to as the Namibia exception, which was formulated by the International Court of Justice (ICJ) during the existence of an illegal regime established by South Africa when it unlawfully occupied Namibia. Examples of official acts include, but are not limited to, the function of notaries, registration of land titles, decisions by judicial and administrative courts, enactment of laws, licensing, etc. In his comment on the Namibia exception, the United Nations Secretary General noted that the determination of any legal validity of South Africa’s illegal presence would be the prerogative of the Namibian Legislative Assembly.
When a country’s territory is occupied by a foreign State, acts of a political nature are suspended throughout the duration of the occupation, which includes the right to vote. And when neutral territory is occupied by a belligerent State, the 1907 Hague Convention IV is not applied in its entirety. According Takahashi’s International Law Applied to the Russo-Japanese War, p. 251, and acknowledged by the U.S. Army Judge Advocate General (JAG) School’s Text no. 11, Law of Belligerent Occupation, p. 4, the only sections of the Hague Convention IV that apply to neutral territory under occupation by a belligerent State are:
Article 42—on the elements and sphere of military occupation;
Article 43—on the duty of the occupant to respect the laws in force in the country;
Article 46—concerning family honour and rights, the lives of individuals and their private property as well as their religious convictions and the right of public worship;
Article 47—on prohibiting pillage;
Article 49—on collecting the taxes;
Article 50—on collective penalty, pecuniary or otherwise;
Article 51—on collecting contributions;
Article 53—concerning properties belonging to the state or private individuals, which may be useful in military operations;
Article 54—on material coming from neutral states; and
Article 56—on the protection of establishments consecrated to religious, warship, charity, etc.
The occupant State’s “authority may be exercised in every field of government activity, executive, administrative, legislative and judicial,” as stated in the JAG’s Law of Belligerent Occupation, p. 38. “The occupant’s laws and regulations which find justification in military necessity or in his duty to maintain law and safety are legitimate under international law. Conversely, the acts of the occupant which have no reasonable relation to military necessity or the maintenance of order and safety are illegitimate.”
The United States use of illegal regimes to further entrench the disguised occupation of the Hawaiian Kingdom is a direct violation of the laws of occupation and general international law. As such, it has drawn to the forefront the Namibia exception with regard to these violations, which renders every executive, administrative, legislative and judicial acts done by these regimes since January 17, 1893 to be invalid and void except for the registration of births, marriages and deaths. As the national and international communities are becoming aware of the profound legal and economic ramifications of the United States’ failure to abide by international law, the situation in the Hawaiian Kingdom is cataclysmic.
In response to a course heading to unrivaled calamity for the country and the world at large, the acting Council of Regency could find no other recourse but to decree provisional laws for the Hawaiian Kingdom on October 10, 2014 in light of the United States’ violation of international law and the law of occupation for the past 121 years. Included in the decree of provisional laws are those laws having emanated from the Hawaiian legislatures that were convened under the so-called Bayonet Constitution of July 6, 1887, which was the beginning of the insurgency. This so-called constitution was not proclaimed in accordance with Hawaiian constitutional law.
For a detailed analysis of the formation of the acting Council of Regency under the doctrine of necessity download “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom.”
As a result of an effective American occupation, the acting Council of Regency does not have the capacity or the ability to enforce the provisional laws proclaimed under the doctrine of necessity. It is the United States that must carry this out. Failure to do so would only lead to economic ruination for not only the United States, but also for the Hawaiian Kingdom and its citizenry, being the victims of these egregious and criminal violations.
This is analogous to the United States having stepped on a land mine called Hawai‘i’s sovereignty on January 16, 1893. That foot has not moved since then, and for the United States to remove its foot from this land mine and begin to comply with the international laws of occupation would consequently admit to the illegality of 121 years and the land mine would blow up legally and economically. That explosion would not only severely injure the United States, but it could also do the same to the Hawaiian Kingdom and everyone residing in these Islands to include those who are legally and economically tied to these islands who live abroad. What’s needed is a means by which the weight of the United States as a government could be replaced by an equal weight so that the land mine can be disarmed. Only a government could do such a thing, and in this case it could only be done by the acting Government of the Hawaiian Kingdom, which itself was established in 1997 by the doctrine of necessity. The decree of provisional laws is this equal weight needed in order for the United States to remove its foot and begin to administer the laws of the occupied State according to the 1907 Hague Convention IV and the 1949 Geneva Convention IV.
The decree of provisional laws is a practical and comprehensive plan for transition from an illegal regime to a military government that relies on international law, which includes treaties, international customs, general principles of law recognized around the world, the decisions of international courts, scholarly writing, and the laws of the Hawaiian Kingdom. It is not intended to end the occupation, but rather to bring compliance to the laws of occupation. It is the responsibility of the acting government to ensure implementation of these provisional laws by any and all lawful means.
Awesome, I really hope that the U.S does the right thing for once and begins to abide by the laws of occupation.
The path of indecisive ambiguous behavior, has been layed out for the occupying United Stated of America, to execute per mandated law (ref) Law of Occupation, International Law not to abstain any deviant discourse. It’s like leading the horse to water, but will it taste the biter water for it is tainted by his own greed and power. So many humble, peaceful, rightful kapunas, kanakas, and nationals, have endured many a heartaches, set back, broken promises, trials and tribulations, lies and even bold face lies. Playing our good natured people for fools. Taking kindness for weaknes even, more reprehensible was are own people accepting the western way of life for short gain prosperity, We were not raised to be so selfish, this is the mindset of the western culture, lifeless souls, thinking materialist objects, gain respect it’s the other way around you got to give respect in order to gain respect. this is our way of life. Taking something that you were not apart of creating, is never accepted in any modern civilization. For we as a proud people, never bowing to agreesion of any foreign powers. Staying vigilant, in every aspect of our process of Government, as our ancestors have.Engaging and understanding learn Hawaiian Kingom Constitutional Rights. If you don’t no your right you don’t have any right’s. Alway’s looking into the past, to see how far along your into the future. Food for thought..
P.S. We’re are almost at were the rubber meets the road stay focus my people strength in numbers….
That’s well said, well said.. Stead fast my braddah bc the time is near where the United states will have to step off of our islands and put in silver and gold to rebuild our people, resources they destroyed and for most part, our Hawaiian Kingdom..
This statement indicates the seriousness of our situation: “As the national and international communities are becoming aware of the profound legal and economic ramifications of the United States’ failure to abide by international law, the situation in the Hawaiian Kingdom is cataclysmic” which means ….”a sudden and violent upheaval or disaster”…..being a situation that is in need of immediate attention.
The final paragraph states and I quote: “The decree of provisional laws is a practical and comprehensive plan for transition from an illegal regime to a military government that relies on international law, which includes treaties, international customs, general principles of law recognized around the world, the decisions of international courts, scholarly writing, and the laws of the Hawaiian Kingdom. It is not intended to end the occupation, but rather to bring compliance to the laws of occupation. It is the responsibility of the acting government to ensure implementation of these provisional laws by any and all lawful means” end quote.
This is a clear indication of what needs to be done and how the acting government will ensure the implementation of these provisional laws by any and all lawful means. I assume this also means through the assistance of a Third Party Protected Power, the proper internationals agencies and our treaty partners if necessary.
WE ARE ALMOST THERE!!!!
“Failure to do so would only lead to economic ruination for not only the United States…”.
How do you figure the US failure to comply will harm them?
Which is why Kanaka should stop talking about the US packing up and leaving and start thinking about how the occupier (the US) can comply with and implement the “provisional laws” mentioned in this post. Iʻm the only one besides the writer of this article that has said “US failure to comply will harm them” but Iʻm sure I mean it in a different way. If Americans are ok with their government overstepping its bounds they will lose what little freedom they have, de jure government and all. The real question we should be asking relates more to how our leaders understand legitimacy to govern, whether by law or by impulse?
It would not matter much if we became de jure only to have our leaders rule over us illegitimately or by a means other than proscribed in the law. And which proscription do we follow?
Very well written. I love this part.
“As the national and international communities are becoming aware of the profound legal and economic ramifications of the United States’ failure to abide by international law, the situation in the Hawaiian Kingdom is cataclysmic.”. So true.
Until we have our day in the International Court of Law and the “Truth” is surfaced then we can have “Reconciliation”. We know the United States Administrative Leaders, President, Attorney General, State Secretary and other officials will not respond with the “Truth” and nothing will be done. So how will the USA be required by law to respond to the Official Letters sent as certified documents. Only Dr. Williamson Chang letter had a dead line to respond and so far nothing. So now we have more paper trail on the US illegal occupancy and I am sure lot more to be on file. I know a good defense is to delay as much as you can until a negotiation process in favor of the defense is accepted. This will take forever.
Therefore to decrease the USA time line in favor to return our Kingdom I suggest an Escrow Company to be formed and all the federal and state tax we are illegally paying to the United States and the so called State of Hawaii be deposited in an Escrow Company to be held for the Kingdom the rightful holders of the taxation. No one will have the authority to withdraw any funds with out advance public notice and approval of it’s citizens. A finance committee to be established to secure the funds. Until the United States can prove they own the Kingdom of Hawaii then all the tax payments held in Escrow is rightfully theirs. Until then it is the Kingdoms money.
We have been paying illegal taxes for 121 years plus they pay no rent for military land usage because our tax is paying for it. They are the major cost of living expense to live at home here in Hawaii. Their military housing are better the Hawaiian Homestead Houses and located in prime areas. You will hear but they provided federal aid, jobs and opportunities….think again 121 years we paid for it all and still paying. What little they give back is peanuts.
We need to add to the causes besides the political warfare… hit their pockets.
Yes, Leighton you are absolutely correct. You might add in there all the fancy golf courses too, while you’re at it! Got to stop this being chained to the bed (stockholm syndrome) and the looting too.
The Kingdom of Hawaii is the legal landlord and the US military needs to pay for rent and yes all taxes stays right here to improve our economy, Hawaii has been the golden egg for way to long.
I agree whole heartedly with this Comprehensive Plan of our Hawaiian Regency Council. This is a first step approach of establishing a US military place at the table to insure their compliance for implementing Hawaiian Kingdom Law. Should they continue their reticence of being incommunicado there would be no other alternative but to seek outside mediation. A 121 years of chicanery and schismogenesis by the US has come to an end.
President Obama is obliged by the US Constitution to honor Cleveland’s Presidential Notes of 1893 and Queen Liliuokalani’s Agreement and Assignment. Anything short of this would be a breach and violation of his office.
Aloha e, Occupations end when a greater nation or group of nations gets involved. Either the occupier is confronted by a greater military force or the financial consequences become so enormous that it would be financial ruination to continue the occupation. Sort of like the situation in Ukraine and how the sanctions are hurting Russia. But this time the U.S. could be on the other side of the sanctions.
Aloha Leighton, I hear you and feel you. It’s a good idea but don’t think it can be implemented in that way. The acting gov’t put a hold on the cases at the ICJ in order to get us a protecting power. Once that is done then it moves us to the other strategy to gain international support. I believe we will have our day at the ICJ but not with the U.S. directly. I believe the cases now filed and future cases will begin to isolate the U.S. from the International community. This would be leverage in our favor and gain the International support we need. This will lead to what you suggested but accomplished through a different method.
It appears that that the Acting Hawaiian Kingdom Government has layed out the legal groundwork for the “protecting powers” to finally kick in. Here’s a link to it’s definition and how it works. I’m looking forward to this actually happening! International pressure and publicity will certainly create so much pressure on the U.S. that they will have to abide by the Hawaiian Kingdom Governments requests.
http://en.wikipedia.org/wiki/Protecting_power
All of the historical facts and legal points have been made and documented with no challenges. The occupiers will defend themselves by ignoring the facts and control of the main stream media by silencing any news of these facts. Any continued movement will require the international community to put the pressure on. So the dilemma is trying to get the international community to put the pressure on and this is usually done through the main stream media. Is it now a matter of marketing?
Actually what is peculiar to me is that all of these major announcements are being made on the Hawaiian Kingdom blog with no more that 100 active bloggers participating from my last count.
Why doesn’t the HKG place full page reports in the local newspaper? Where is ABC news Australia in this? Paid TV ads would also work too! If money is an issue perhaps all of us who support this effort should be given the opportunity to assist in this effort monetarily!
I really think we should know the actual hits the Hawaiian Kingdom blog is really receiving, this would help us know who is actually reading these major announcements. So whomever is responsible for this blog, please come out of the shadows and step it up please!
Just my mana‘o.
Yes…Kuokoa that is it…. we need to have much better and effective public notices sent out throughout the world and especially the local paper.
Main stream media is controlled by private interest. They never have and never will give an accurate account or an unbiased report in favor of the HK. They always put a different slant on what issues the HK is trying to report. So, IMHO it is better for the AHKG to continue moving in the present direction and achieve their goals. This way the Media could only report on the facts of what was accomplished and not detract from the accomplishment. The International community will provide support not based on what is in the media but what will hold them legally accountable and what is in their best interest for self preservation or gain. That will cause them to take action and their action is what will get the media’s attention.
For example. What would gain more pro HK media attention. The HK reporting that they are in negotiations for a Protecting Power or the Protecting Power themselves reporting to the media they are coming to Hawaii as the HK’s Protecting Power in our occupation. MHO
The land mine analogous metaphor used above perhaps best
explains why U.S. officials remain non-compliant to notices
served upon them concerning its prolonged occupation of the
Hawaiian Islands even when the alternative could result in
potential war crimes.
How many times have we seen judicial opinions hold that issues
involving the sovereignty of the Hawaiian Kingdom are non-justiciable
political question, in short shifting responsibility to where the source
of the problem was created the U.S. congress.
How can the U.S. restore what they have destroyed? They would have
to create a Native Roll Commission to have another entity to interact
with hoping the world would think the Native Hawaiian Tribe did it all
by themselves! Perhaps the U.S. is not blind, but have no clue on how
to restore the Hawaiian Kingdom!
The October 10th Proclamation provide them guidance as to how they
can become compliant upon restoration of the Hawaiian Kingdom without
having conflict of interest with the rebuilding of the Hawaiian nation.
Lets hope Obama’s uncle Sam doesn’t sneeze when he lifts his foot
off the metaphorical bomb!
P.S. That uncle Sam is not my uncle, I want every cent he took from me!
I never thought of it that way! How many thieves think about how to return the items they took? Love it!
Well if that thief has a conchence he will return it.
The U.S. Occupation of Hawaii–
THE NEXT GLOBAL CRISIS!!!
(And the motherload of it all haha!)
The profound ramifications of Hawaii’s occupation are so immense its more than enough to not only bring the United States to its knees, but can rumble the rest of the world! I don’t think the world will ever be the same when this occupation ends!
Hawaii’s occupation is like a nuclear bomb! Only this nuclear bomb is a Hawaiian-style “Madame-Pele” style bomb! It does not harm people, nor does it damage structures (as much). But the explosion is so big, its enough to trigger earthquakes and tsunamis; ones that will touch everyone in the world and as always, with aloha!
And for those who think all this is a load of rubbish, well its pretty obvious you have no awareness of the legal situation Hawaii is in, much less Hawaii’s legal history itself! Get educated, brahdda! You might learn something haha!
Aloha Everyone,
Mahalo to Keanu Sai and all those who have helped us to understand Hawai’i’s true political status. It is the legal framework and strategy whereby Hawaiian nationals of all races can help re-empower our beloved Hawaiian Kingdom.
If we want political transformation…. we must ourselves become transformed.
Remember who you are.
You are a child of Ke Akua (God/Creator), and you have unalienable rights.
Rights that cannot be sold or transferred without your truthfully informed consent.
.
“God hath made of One Blood all nations of men (and women) to dwell on Earth in Unity and Blessedness.” Kauikeaouli, Kamehameha III, Hawaii Declaration of Rights 1839
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”
American Declaration of Independence July 4,1776
Hawaiian Kingdom Law, Constitution of 1840
and organic American Constitutional Law (not USA Inc. corporate statutes)
are both based on Common/Natural Law.
If We the People want lawful remedy, we need only take a good hard look at ourselves in the mirror. We are the ones we’ve been waiting for. Don’t expect or trust any “help” from any international government or institution. Virtually every country (except maybe Iceland), and international institution (UN, ICC, IMF, WTO etc.) has been infiltrated and is controlled by the international banking mafia. (see Bank of International Settlements)
We must seek and find like minded sovereign souls, here in Hawai’i and throughout the world. We possess unalienable rights, and must defend and carry them with the highest responsibility.
Mahalo again to the Acting Hawaiian Kingdom Government.
Today, many people around the world understand Hawai’i’s true political status.
Keanu Sai and others offer a legal framework and strategy whereby Hawaiian nationals of all races can help re-empower our beloved Hawaiian Kingdom. Awesome!!
It is time to walk the talk.
We don’t need permission from any institution to do what is pono in our own land.
Wherever we go from here, we must have Unity. Let our words and actions be a light upon the world. It is our turn now. Imua in full transparency and lawfulness, and may
Ke Akua / God, the Governor of the Universe protect and guide our steps with wisdom and aloha.
I do not believe the US government and or its Military Armed Forces own any rights to operate our Hawaiian Kingdom government,
aole ame kue onipaa
Aloha makaainana, they don’t own any rights to our HK gov’t. They are here to facilitate the occupation under HK and Int’l law until we complete the de-occupation and transition into a Dejure HK gov’t and then they leave. It’s their kuleana, they foot the bill and hold the liability. Believe me, it’s not a good situation for them.
Is anyone besides me concerned about the $1.9million being spent for Kana’iolowalu, Act 195 and Nation Building as outlined by the Akaka Bill and Act 195??? I am certain using these monies to further a US political agenda is against the Hawaiian law, and and charges should name these organization as criminals an be filed through the international court… Dr. Crabb, of all people, has had major fair warning on the illegality of OHA ignoring the laws of Hawaiian Kingdom, but he is right in the middle of this dog and pony show of an ‘Ea to present so called experts in the circumstances of Hawaiian Kingdom Subjects, and then he calls together all the (Hawaiian) Pī’āpā organizations to create an illegal tribal status with the USA… Where do these people learn to cheat and steal so flagrantly and avoid responsibility in the form of legal charges????