Hawaiian Kingdom files Application Instituting Proceedings at the International Court of Justice

THE HAGUE, NETHERLANDS, 27 September 2013 — The acting Government of the Hawaiian Kingdom filed with the Registrar of the International Court of Justice an Application Instituting Proceedings against the Republic of Austria, Barbados, the Kingdom Peace Palaceof Belgium, the Republic of Botswana, the Republic of Bulgaria, the Republic of Costa Rica, the Republic of Côte d’Ivoire, Democratic Republic of the Congo, the Kingdom of Denmark, the Republic of Djibouti, the Commonwealth of Dominica, the Dominican Republic, the Arab Republic of Egypt, the Republic of Finland, Gambia, Georgia, the Hellenic Republic of Greece, the Republic of Guinea, the Republic of Guinea-Bissau, the Republic of Haiti, the Republic of Honduras, the Republic of Ireland, the Republic of Kenya, the Kingdom of Lesotho, the Republic of Liberia, the Grand Duchy of Luxembourg, the Republic of Madagascar, the Republic of Malawi, the Republic of the Marshall Islands, the United Mexican States, the Kingdom of the Netherlands, the Kingdom of Norway, the Islamic Republic of Pakistan, the Republic of Paraguay, the Republic of Peru, the Republic of Senegal, the Republic of South Sudan, the Republic of Suriname, the Kingdom of Swaziland, the Kingdom of Sweden, the Swiss Confederation, the Democratic Republic of Timor-Leste, the Togolese Republic, the Republic of Uganda, and the Oriental Republic of Uruguay for treaty violations and serious breaches of peremptory norms. Austria, Belgium, Denmark, Netherlands, Norway, Sweden, and Switzerland have treaties with the Hawaiian Kingdom. All (45) States have accepted the jurisdiction of the Court beforehand, including the Hawaiian Kingdom.

The filing of the Application is directly tied to the Hawaiian Kingdom’s Protest and Demand filed with the President of the United Nations General Assembly on August 10, 2012. The Application is seeking enforcement of the Hawaiian Kingdom’s Demand that States comply with their treaty obligations and obligations under customary international law.

Also submitted with the Application was a Request for the Indication of Provisional Measures of Protection. The request states the “fact that serious breaches of rules of jus cogens have been ongoing for over a century only amplifies the urgent request that the Court indicate provisional measures to protect and preserve the rights of the Hawaiian Kingdom.” The Court is requested to declare that:

a)    All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, are under an obligation:

1)    to recognize the illegality and invalidity of the United States of America’s continued presence in the Hawaiian Kingdom;

2)    to refrain from lending any support or any form of assistance to the United States of America with reference to its illegal occupation of the Hawaiian Kingdom;

3)    to abstain from entering into treaty relations with the United States of America in all cases whereby the government of the United States of America purports to act on behalf of or concerning the Hawaiian Kingdom;

4)    to abstain from sending consular agents to the territory of the Hawaiian Kingdom, purportedly under arrangements and/or agreements with the United States of America, and to withdraw any such agents already there;

5)    to abstain from entering into economic, military and any other form of relationship or dealing with the United States of America on behalf of or concerning the Hawaiian Kingdom, which may entrench its authority over the territory;

b)    With respect to existing bilateral treaties, member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, must abstain from invoking or applying those treaties or provisions of treaties concluded by the United States of America on behalf of or concerning the Hawaiian Kingdom, which include and/or involve active intergovernmental co-operation.

c)     With respect to multilateral treaties, however, the same rule cannot be applied to certain general conventions such as those of a humanitarian character, the non-performance of which may adversely affect the people of the Hawaiian Kingdom;

d)    All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, should not result in depriving the people of the Hawaiian Kingdom of any advantages derived from international co-operation. In particular, while official acts performed by the Government of the United States of America on behalf of or concerning the Hawaiian Kingdom since the occupation began on 12 August 1898 are illegal and invalid, this invalidity cannot be extended to those acts, such as, for instance, the registration of births, deaths and marriages, the effects of which can be ignored only to the detriment of the inhabitants of the Territory.

e)     With respect to non-member States of the United Nations, the illegality of the United States of America’s presence in the Hawaiian Kingdom is opposable to all States in the sense of barring erga omnes the legality of a situation which is maintained in violation of international law: in particular, no State which enters into relations with the United States of America concerning the Hawaiian Kingdom may expect the United Nations or its Members to recognize the validity or effects of such relationship, or of the consequences thereof.

The acting Government of the Hawaiian Kingdom  designated David Keanu Sai, Ph.D., its Ambassador-at-large, as Agent for these proceedings, and Dexter Ke‘eaumoku Ka‘iama, Esq., its Attorney General, as Deputy Agent. Dr. Sai served as lead Agent for the Hawaiian Kingdom in Larsen v. Hawaiian Kingdom (1999-2001) and presented oral arguments at the Peace Palace on December 7, 8, and 11, 2000. Members of the arbitral tribunal included Professor James Crawford, SC, as presiding arbitrator, with Mr. Gavan Griffith, QC, and Professor Christopher Greenwood, QC, serving as associate arbitrators. Professor Greenwood is now a Judge of the International Court of Justice. Both the Permanent Court of Arbitration and the International Court of Justice are located in the Peace Palace, The Hague, Netherlands.

Sai_ICCWhile in The Hague, Dr. Sai also met with a member of the International Criminal Court’s Information & Evidence Unit at the Court’s headquarters to inquire into the status of the Hawaiian Kingdom’s Referral to initiate an investigation for war crimes. He confirmed that it is still under review and that the Office of the Prosecutor will be in communication shortly.

32 thoughts on “Hawaiian Kingdom files Application Instituting Proceedings at the International Court of Justice

  1. I would love to see..,,these illegal usa government..,,,buildings..,,,shot down…,no more usa…,illegal business of land thieves..!!

  2. More and more I thinking this is the only route for us to go, dealing with the Governor, Hawaii Legislature, OHA, Roll Commission/Kanaiolowalu and a Obama “you may pass card through the Interior Department” is a total waste of time. Kingdom of Hawaii ‘s bogus overthrow cannot be treated like all the US Indian massacre/land grabs that happened and still happening, and allow the truth to be hidden forever. We cannot allow US to rewrite our history to fit their agenda.

    I totally support your efforts, Keanu.

    Suuuuuuuuuupah duuuuuuuuah hugging you, Dexter and your ohana of supporters.

    • I am with you Melissa, us old guys can not be wasting our time. I want to help organize support of the “International Commission of Inquiry” as the next important step in the International Arena.

  3. I can see how much we have progressed and all the efforts and sacrifices that have been made for all of us. Praying that we will all be patient, study, work with our OHANA and our community of friends. We need to act in a proactive way and prepare for the day that we will be responsible for the government we will have. No more someone else’s job to take care of our Aina, our Country, and our Kingdom. Kuleana to the max. It’s important to know our kuleana. Mahalo to all those who are moving and helping to move this agenda onward.
    Pualani Chandler Baptista

    • I been in this movement for quite a while,battle after battle for my liberties,and for the aina,I feel that there’s no turning back ,Its freedom or nothing, I take freedom!!!!Thank you Keano and everyone else who’s pushing to get the professional terrorist,out of Hawaii. My prayers go out to everyone who’s doing something to make a difference,for our country and our children’s future and the liberties of our people.

  4. Dr. Sai, Maika’i! Finally, Hawaiians are proudly represented by intelligent, eloquent and gifted people to spearhead this agenda on a world-wide, international scale. Yes, it’s about time to hold these “states” accountable for turning a blind eye and a deaf ear to the plight Hawaiians have suffered and endured for too long. God is good and His goodness is shown through people like you who have gone above and beyond dedicating themselves to seeking justice for the wrongful and deliberate acts made against our Queen and the Hawaiian Kingdom, etc. We waited more than a hundred years for a process or platform to become available and for the United States to be held accountable for their inappropriate behavior and an apology letter is useless and unacceptable. Justice must and will prevail, maybe not immediately, but leave no stone unturned. Persevere. Wish I could help. Mahalo a nui loa and very respectfully, proud to be Hawaiian.

  5. First let me start by saying Mahalo Ke Akua for the progress that we are making in restoring our stolen kingdom, aina, history and culture. One of the biggest issues that I encounter when speaking with people about the illegal overthrow of the Hawaiian Kingdom is that most people are simply not educated as to the real and true facts of the overthrow. Another huge issue with regard to gaining non kanaka maoli (native Hawaiians) support of the reinstatement of the Hawaiian Kingdom is the perception that non native Hawaiians would be “kicked out” or have their homes taken away. Again an issue of ignorance and being uneducated as to the facts. Prior to the January 17,1893 illegal overthrow, there were many non kanaka maoli citizens of the Hawaiian Kingdom. These citizens owned homes, businesses and property. They raised their families and cared for their kupuna (elders or grandparents). They were loyal to Hawaiian Kingdom and lived in peace with the kanaka maoli. Just as these non native Hawaiians were afforded the opportunity to become citizens of the Hawaiian Kingdom prior to the overthrow, so would they be in the reinstated Hawaiian Kingdom. I believe that we need to educate native and non native Hawaiians alike as to what a reinstated Hawaiian Kindom would mean for them.
    That being said, pono is pono (right is right) and wrong is wrong. In speaking with people I often use the analogy of a stolen car. If I steal your car I can’t write you a letter of apology (referring to the US apology letter) for stealing your car and then get to keep your car because I said “sorry”. I must return you car, be responsible for any damage done to your car and be held accountable for my actions.
    The United Nations, United States and Native Hawaiians all agree that the Hawaiian Kingdom was illegally overthrown by a coup led by American businessmen with the backing of the US military. This was done at a time when the United States of America and the Hawaiian Kingdom had treaties of peace and trade in full affect. These are facts that are not in question. What is in question is the US willingness to correct the injustice that was done to the Native Hawaiian people, the constitutionally elected monarchy and our Hawaiian Kingdom.
    Ua Mau Ke Ea O Ka Aina I Ka Pono (the life of our land is perpetuated in righteousness).

    • ^ THIS!
      I so agree that an education to all people living in Hawaii to undo the century old indoctrination of the occupying forces.

  6. Amazing, Dr. Sai! Its kinda getting scary a little bit!

    By the way, I’m sure this would be a violation of the Application– The United Mexican States (Mexico) setting up a consulate here in occupied Hawaii?
    http://www.hawaiinewsnow.com/story/23506645/study-recommends-mexico-govt-open-hawaii-consulate

    4) to abstain from sending consular agents to the territory of the Hawaiian Kingdom, purportedly under arrangements and/or agreements with the United States of America, and to withdraw any such agents already there;

    Much aloha to all!

  7. Mahalo Acting Government. In my opinion, the world news in the last month is starting to reflect your hard work and perserverance: Option for peace in Syria, Turkey, ally to the US, purchasing arms from Chinese company that US has sanctions against, North Koreas bold statements towards US and now China calling for a new global currency instead of the dollar.
    To someone who knows nothing of the Acting Goverment’s work, it may appear that these nations don’t like the US. To someone who understands what the Acting government has been doing, it may look like other countries are starting to see the writing on the wall and are starting to understand what a mess has been created here in our homeland due to the prolonged and illegal occupation. The US has only one option, that will make things right. End the illegal occupation of our homeland.
    I understand that laws were broken. From my perspective, the illegal acts of 1893 and then again in 1898 damaged the very foundation of what the United States of America stands for, the US Constitution. For the next 120 years they continued to build on a badly damaged foundation and we are not starting to see their work crumble.
    Mahalo akua, kupuna, all those that fought to keep the truth alive, Dr. Keanu Sai and Dexter Kaiama for being the spear point.
    .

  8. My paternal grandfather, James Morgan, emigrated to Hawai’i in 1900 and lived there with his family until around 1917 when he contracted TB and returned to the ‘mainland’. I’ve never been to the ‘Islands’ as my family called Hawai’i, but I resonate with your cause! I also had a few relatives on the east coast who learned the fine art of scalping back in the early 1700s. I’m not proud of them.

    Hope all goes well. I was wondering when and if the Pacific Island Native Peoples would hook up with the North American native peoples. I don’t want to return to my ancestral homeland (England) but I think that the native system of justice and government is probably more just than the one I’m currently living under.

    Just call me ‘Whitey’ ,
    James Morgan
    Olympia (peoples’ republic of), WA

  9. I’ve long held and stated publicly on social media platform posts and comments that the best path to finally realizing Hawai’i’s restoration is not by belligerent acts, protests, petitions and legal actions against the US’ unlawful occupation of Hawai’i but by compelling our diplomatic partners to honor the commitment that nations that sign diplomatic treaties make to each other to come to the aid of their diplomatic treaty partner in their time of need.

    This action by the Acting Government of the Hawaiian Kingdom employs this strategy perfectly. I humbly offer my services and material support, as a ku’auhau ail’i and committed aloha aina, to this effort to garner the support of our diplomatic partners.

    ponokeali’i
    ku’auhau ali’i
    ali’i aloha aina

  10. Seems to me that about 30+ years ago it was revealed that all marriages performed in the south during the Civil War was illegal because they were performed under the wrong government. Then why is it that under (d) “…while acts performed by the Government of the United States on behalf of or concerning the Hawaiian Kingdom since the occupation began on 12 August 1898 are illegal and invalid, this invalidity cannot be extended to those acts such as, for instance, the registration of births, deaths and marriages…”. For real? Births and deaths, yeah, but marriages? I’d like to know.

  11. Aloha auntie, my mana’o is that we first have to see what is the applicable law for the situation. Our situation is an illegal occupation which makes it an international matter and the applicable laws are International Law and the Laws of War and Occupation. Under these laws births, deaths, marriages and divorce are recognized. It makes sense to do this in order to monitor the national population during the occupation. This data can also be used to determine those who are not part of the national population and comprise the foreign and or occupier’s population. As for the American Civil War it was not an International matter. It was a war where Americans were fighting Americans in America. The applicable law for that would be American Law. So if American Law said they won’t recognize something it is only applicable in America. MHO

  12. Mahalo Kekoa but even yet, there”s no license to be born or die but there”s one to be married. What government issues that license?

  13. My gosh! I think I just figured this thing out. I hope I’m wrong–somebody tell me I’m all wet. How’s this sound–if births, deaths, marriages and divorces are recognized under the Laws of War and Occupation, because the u.s. did not follow these laws and instead instilled their own laws here and issued marriage licenses is it just possible there’s been no legal marriages and/or divorces for over 100 years?

  14. Aloha auntie, during occupation all births, deaths, marriages and divorces are recognized as legal regardless if the occupier issued the licenses. All other acts/contracts done by the occupier that violate International Law, Laws of War and Hawaiian Kingdom Law are null and void. However, this does not prohibit a person to challenge an occupier’s court’s ruling in a matter. For example, the parties to a divorce are legally divorced but if the occupiers court used American Law regarding the division of assets, money, personal property and or child custody that are contrary to Hawaiian Kingdom Law then those issues can be challenged and most likely voided. Hope this helps.

  15. Enough is enough with all this posturing and hubbaloo about ??? Vs the Hawai’ian Kingdom!!!

    We who are now rudely awakened to the facts must as a people do a Class action lawsuit against the HAWAI’IAN KINGDOM.

    No more LOHA, HHLA, OR ILLEGAL U.S. Occupation….. we take back all land and resources.

    PAU

    • Larson vs the Hawai’ian Kingdom… I wish to enjoin!

      I have endured and suffered years of discrimination, fraud, theft and abuse from the unlawful Hawai’i state and county entities….

      I SEEK A COMPETENT COURT OF JURISDICTION TO BE COMPENSATED FOR TORTS AND OTHER DAMAGES….

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