Dr. Keanu Sai recently returned from London after meeting with the Matrix Chambers who has joined his legal team in the international commission of inquiry proceedings stemming from the Larsen v. Hawaiian Kingdom (1999-2001) case held under the auspices of the Permanent Court of Arbitration. Matrix Chambers is one of the leading law firms in the United Kingdom and has represented countries before international courts and tribunals.
These proceedings were initiated on January 19, 2017 by Special Agreement between the Provisional Government of the Hawaiian Kingdom and Lance Paul Larsen. Both Parties agreed to the rules provided under Part III—International Commissions of Inquiry (Articles 9-36) of the 1907 Hague Convention for the Pacific Settlement of International Disputes. Once the Commission of Inquiry has been formed they will hold their hearings in the Hawaiian Kingdom. The formation of the Commission is moving forward. According to the Special Agreement,
“The Commission is requested to determine: First, what is the function and role of the Government of the Hawaiian Kingdom in accordance with the basic norm and framework of international humanitarian law; and, Second, what are the duties and obligations of the Government of the Hawaiian Kingdom toward Lance Paul Larsen, and, by extension, toward all Hawaiian subjects domiciled in Hawaiian territory and abroad in accordance with the basic norm and framework of international humanitarian law.”
Dr. Sai heads the Hawaiian Kingdom legal team as Agent, Professor Federico Lenzerini from the University of Siena Law School in Italy is the Deputy-Agent, and Ben Emmerson, QC, from the Matrix Chambers is Counsel. Mr. Emmerson is the former United Nations Special Rapporteur on Counter Terrorism and Human Rights. He was also elected by the United Nations General Assembly as one of the Judges for the International Criminal Court for Rwanda and the International Criminal Court for the former Yugoslavia. His expertise is in international criminal law and served as Special Advisor to the Prosecutor of the International Criminal Court.
The first allegations of war crimes committed in Hawai‘i, being unfair trial, unlawful confinement and pillaging, were made the subject of an arbitral dispute in Lance Larsen vs. Hawaiian Kingdom at the Permanent Court of Arbitration (PCA). Oral hearings were held at the PCA on December 7, 8, and 11, 2000. As an intergovernmental organization, the PCA must possess institutional jurisdiction before it can form ad hoc tribunals. The jurisdiction of the PCA is distinguished from the subject-matter jurisdiction of the ad hoc tribunal over the dispute between the parties.
Disputes capable of being accepted under the PCA’s institutional jurisdiction include disputes between: any two or more states; a state and an international organization, such as an agency of the United Nations; two or more international organizations; a state and a private party; and an international organization and a private entity. The PCA accepted the case as a dispute between a state and a private party, and acknowledged the Hawaiian Kingdom as a non-Contracting Power under Article 47 of the 1907 Hague Convention for the Pacific Settlement of International Disputes. As stated on the PCA’s website:
“Lance Paul Larsen, a resident of Hawaii, brought a claim against the Hawaiian Kingdom by its Council of Regency (“Hawaiian Kingdom”) on the grounds that the Government of the Hawaiian Kingdom is in continual violation of: (a) its 1849 Treaty of Friendship, Commerce and Navigation with the United States of America, as well as the principles of international law laid down in the Vienna Convention on the Law of Treaties, 1969 and (b) the principles of international comity, for allowing the unlawful imposition of American municipal laws over the claimant’s person within the territorial jurisdiction of the Hawaiian Kingdom.”
The Government of the Hawaiian Kingdom, as it stood on January 17 1893, was restored in 1995, in situ and not in exile. An acting Council of Regency comprised of four Ministers—Interior, Foreign Affairs, Finance and the Attorney General—was established in accordance with the Hawaiian constitution and the doctrine of necessity to serve in the absence of the executive monarch. By virtue of this process a Provisional Government, comprised of officers de facto, was established. According to U.S. constitutional scholar Thomas Cooley,
“A provisional government is supposed to be a government de facto for the time being; a government that in some emergency is set up to preserve order; to continue the relations of the people it acts for with foreign nations until there shall be time and opportunity for the creation of a permanent government. It is not in general supposed to have authority beyond that of a mere temporary nature resulting from some great necessity, and its authority is limited to the necessity.”
Like other governments formed in exile during foreign occupations, the Hawaiian government did not receive its mandate from the Hawaiian citizenry, but rather by virtue of Hawaiian constitutional law, and therefore represents the Hawaiian state. The Provisional Government is not a new government, but rather a restoration of the Hawaiian Government that existed on January 17, 1893, before it was illegally seized and transformed into an insurgency by the United States. In 2001, Bederman and Hilbert reported in the American Journal of International Law,
“At the center of the PCA proceedings was … that the Hawaiian Kingdom continues to exist and that the Hawaiian Council of Regency (representing the Hawaiian Kingdom) is legally responsible under international law for the protection of Hawaiian subjects, including the claimant. In other words, the Hawaiian Kingdom was legally obligated to protect Larsen from the United States’ ‘unlawful imposition [over him] of [its] municipal laws’ through its political subdivision, the State of Hawaii. As a result of this responsibility, Larsen submitted, the Hawaiian Council of Regency should be liable for any international law violations that the United States had committed against him.”
The Tribunal concluded that it did not possess subject matter jurisdiction in the case because of the indispensible third party rule. The Tribunal explained:
“It follows that the Tribunal cannot determine whether the respondent [the Hawaiian Kingdom] has failed to discharge its obligations towards the claimant [Larsen] without ruling on the legality of the acts of the United States of America. Yet that is precisely what the Monetary Gold principle precludes the Tribunal from doing. As the International Court of Justice explained in the East Timor case, ‘the Court could not rule on the lawfulness of the conduct of a State when its judgment would imply an evaluation of the lawfulness of the conduct of another State which is not a party to the case.’”
The Tribunal, however, acknowledged that the parties to the arbitration could pursue fact-finding. The Tribunal stated, “At one stage of the proceedings the question was raised whether some of the issues which the parties wished to present might not be dealt with by way of a fact-finding process. In addition to its role as a facilitator of international arbitration and conciliation, the Permanent Court of Arbitration has various procedures for fact-finding, both as between States and otherwise.”
The Tribunal noted “that the interstate fact-finding commissions so far held under the auspices of the Permanent Court of Arbitration have not confined themselves to pure questions of fact but have gone on, expressly or by clear implication, to deal with issues of responsibility for those facts.” The Tribunal pointed out that “Part III of each of the Hague Conventions of 1899 and 1907 provide for International Commissions of Inquiry.”
To date, there have only been five international commissions of inquiry held under the auspices of the PCA—the first in 1905, The Dogger Bank Case (Great Britain – Russia), and the last in 1962, Red Crusader’ Incident (Great Britain – Denmark). These commissions of inquiry formed under the 1907 Hague Convention for the Pacific Settlement of International Disputes serve in similar fashion to grand juries where they not only inquire into the facts of the case but also assign criminal or civil liability for another court or tribunal to prosecute.
As a subject of the Hawaiian Kingdom, I’m feeling trapped and suffocating under the rule of the United States. Is there a means by which we may establish a semblance of hope for survival? The oppressive taxation (mostly by the State? of Hawaii) is becoming unbearable. Equity is growing in reverse for most of us.
Sad and true. The average Hawaiian subject in the Kingdom steadily remains 2 paychecks away from being homeless.
Norman said this is the best birthday present, I just finished reading this to him, he had a few tears saying he is so grateful to Dr. Keanu Sai for all he continues to do for our Hawaiian Kingdom, especially everyone who works BEHIND the scenes.
When, where and how do I (and anyone else who is still alive) gain access to the proceedings alleged to be held in Hawai’i?
I have attempted to correspond with the acting Hawai’ian Kingdom via text and phone. No reply.
Has anyone else noticed that you are not welcome to communicate with the elitist group of Hawai’i people claiming to be the HAWAIIANKINGDOM? MAYBE IT’S TIME FOR A REVOLUTIONARY GOVERNMENT. ….
The ACTING Hawaiian government is busy dealing with the occupation.
And as the acting government they don’t represent people they represent the country. And the country got some problems to deal with first before you can just hit them up with a text and expect a reply.
Aloha Malamalamakala, yes I have experienced that same thing in the distant past. but haven’t tried to reach out to the acting Hawai‘ian Kingdom officers lately.
I think transparency is a key element in this process when it comes to communicating with current Hawaiian Nationals and others who want to obtain more information.
I would love to attend the local hearings if they are indeed held in Hawai‘i or viewed live via cable or live streaming.
I support Keanu’s efforts and all of his hard work and the many others behind the scenes that we may not be aware of.
malamalamakala, What’s up with the anti AHKG rant and treasonous talk of revolution?? That is just what the insurgents who created this heva sounded like back when it all started. They all thought they were entitled. Listen girlfriend, why don’t you go an research PCA proceedings and the countries involved. Those govt’s did not have any legal obligations to allow their citizens access to the proceedings or communications regarding the proceedings. Hell it is their right not to make the records and findings of the proceedings public all together. Access is determined by the rules of the PCA and States interests. So for all those who think they are entitled it’s time to get off your pedestals and come down to reality.
My suggestion is let the acting gov’t do their job and we must do ours. We need to keep the EAducation going,
Not to be rude but…..How about you text the american president and ask him to deoccupy Hawaii? if he doesn’t reply what next?
Revolution, no thanks
Our government is in place, we are working on our move-in date.
ʻeo
EO… EA…. TIMETO BEGIN IN 2017….?
EO.
Aloha kekoa! I tried to reply with a kahea for help, but while trying to post a message stated …. “A network change was detected.” What does this mean?
right on !
Some people are complaining that they can not reach Dr. Sai. You can talk to him in person at any meetings or presentations, which have been widely advertised. He lives on moku o Keawe now and they travel internationally. Either that or go to his blog and Kaui or one of his other team will get back to you. He is still teaching also.
I prefer a ….. NEW RE-ELECTION OF TODAY KINGDOM ROYAL KNOWN HEIRS TO BE VOTED TO REPLACE THIS OLD USA ?? ILLEGAL AMERICAN FAJE STATE UNWANTED GOVERNMENT ….???
Agreed. As a direct descendent of Kamehameha 1 I would want to run in the election. I would take biblical principles and make them a part of our bill of rights so that can never be undone so that no Hawaiian could ever be taken advantage of again and always have a legacy to pass on to future generations.
Mahalo nui loa ia oe e Dr. Keanu for your incredible work. Your magnanimity has not gone unnoticed by our Aloha Aina/Patriots. Your quest certainly brings great faith and hope of attaining our National Restoration, in a bewildered World, bamboozled by negative yellow press and newswires, in our very own Aina/Homeland and the U.S continent. We remain confident in your leadership and supportive indeed of all your intrepid work. LLHK
While Dr. Keanu Sai and his team are working on the legalities, why don’t we all create an environment for the occupying forces where they feel insecure. No violence, but stickers like “Hawaii is not America and it never will be” at places highly frequented by visitors will make them feel insecure. Or a T-shirt saying: “Fed up with the U.S. occupation! Revolution 2018!” Try and see the reaction of nervous haole po’e.
🙂
Yes, I think now is a good time as ever to do our Nation of Hawaii handbill and handbilling in and about our communities and esp. commercial settings that tourist frequent, spelling out the end of the U.S. Occupation.
I’m interested in knowing where we go from here?ekekelaka@yahoo.com
Edgal Sr., For starters read chapter five of Dr. Sai’s dissertation.
revolution 2018….maui nui…..be prepared….FOR HULIAU…EO…EA
Now the next step is to save the LAND COMMISSION AWARDS to have and to hold forever pre Kingdom of Hawaii until this presents day
Agree that this is one of many unfinished business. An LCA was/is enough for a lawful trespass. Now, we just need to have our laws back in action. This speaks to that Kuleana of individuals doing their personal research. ?
Your wisdom is like a light that is guiding us through these times of cloudy and murky waters. Mahalo nui Keanu and all of your teams efforts and for your steadfast guidance. Keep up the great work.
Often wonder if many ever look at such import facts.. Facts that will help especially when it comes to our Hawaiian Kingdom…
Are they avoiding these facts?? Do they want to continue the struggle under the oppressor???
Do they know that anything that is under the United States regime is tainted, is corrupt, is full of deception.. “They” want you to fall in that “web of deception”.
Why put your energies in something that is illegal, that has no jurisdiction, that is irrelevant…
Lance Larsen vs. Hawaiian Kingdom open this door..
Now with the International Commission of Inquiry coming about, this happening here in the Hawaiian Kingdom..
Why the avoidance?? or not learning the facts or even finding out about where, what, when and why????
Why even waste your energies on federal, state & county levels of the United States Of America???? ergo To “The provisional government”…
I’m boggled by this… Facts are facts..
Does anyone truly understand how BIG this ICI is????
It’s like I’m watching a “Soap Opera” “young & the restless” “as the world turns” ” all my children”
Seriously though, can’t you see or feel or truly connected to reality???
“WE ARE WHO WE WERE”
I am Lance Larsen, you are Lance Larsen, we are all Lance Larsen!!!!
I am Lance Larsen?
http://www.alohaainaparty.com
There is a reason the occupiers started with the D.O.E. It takes time to be brainwashed. Now that we have the truth about matters with the occupiers, learn to repeat the truth to all you come in contact with concerning any matters to do with our Hawaii. Again, this takes time. When you can remember all the names of those involved with the insurrection of 1893 & 1898, the international laws, Hawaiian Kingdom Laws to include the Penal Code, all of our rulers in succession & their contribution, the prior history that led to the kingdom joining the International arena as a recognized country in its own right, perhaps then you will understand we as a people can uphold in the same spirit as those who were living during this time of insurrection. They SUPPORTED the Hawaiian Kingdom Government. The PROVISIONAL HAWAIIAN KINGDOM GOVERNMENT is exposing the OCCUPATION to the WORLD. Be satisfied and PATIENT. We are fortunate it will take place here on home ground. If allowed then we can all show up in support of this truth. Like we say…”No make trouble.” The question will come down to – Who are you?
As an Aloha Aina has stated recently and quite clearly, to na Poe o Ka Lahui Hawaii and indeed all citizens of Hawaii; if you claim to be Hawaiian, then Hawaiian Nationality is to be embraced and not shied away from. You reside in the Independent Country Hawaii whose history spans nearly two Millenia. The United States of America, a country that was formed only 241 years ago must not be allowed to subsume our independent country of Hawaii under it’s dominion. They have no treaty of annexation. Aloha means deOccupy our Aina homeland and return to your origin continental home and boundaries. You are violating your own U.S. Constitution, International Accords and the law of the land of our Nation of Hawaii. LLHK
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