Hawaiian Royal Commission of Inquiry

In response to over a century of the United States’ violations of international humanitarian law and the commission of war crimes with impunity that have occurred within the territory of the Hawaiian Kingdom, the acting Council of Regency established the Royal Commission of Inquiry (Commission), by proclamation, on April 17, 2019. The Commission was established by “virtue of the prerogative of the Crown provisionally vested in [the Council of Regency] in accordance with Article 33 of the 1864 Constitution, and to ensure a full and thorough investigation into the violations of international humanitarian law and human rights within the territorial jurisdiction of the Hawaiian Kingdom.”

The Commission’s mandate “shall be to investigate the consequences of the United States’ belligerent occupation, including with regard to international law, humanitarian law and human rights, and the allegations of war crimes committed in that context”—Article 1(2).  To accomplish this mandate, Dr. David Keanu Sai”—Article 1(1), who currently serves as Minister of the Interior and Minister of Foreign Affairs ad interim, shall head the Commission and has been authorized to seek “recognized experts in various fields”—Article 3, whose opinions shall form the basis of the Commission’s reports.

The Commission shall first come out with a preliminary report that will provide the “geographical scope and time span of the investigation”—Article 1(2), and the identification of the specific war crimes to be investigated as well as a list of human rights recognized during belligerent occupations. The preliminary report will be followed by periodic reports that will identify the perpetrators of these war crimes and human rights violations. These periodic reports will have the evidential basis of mens rea and actus reus that have a direct nexus to the elements that constitute a particular war crime(s) as provided in the legal opinion of Professor William Schabas. War crimes have no statute of limitations, and, for those war crimes that are recognized under customary international law, States are obligated to prosecute perpetrators of war crimes under its universal jurisdiction. 

These reports “will be presented to the Council of Regency, the Contracting Powers of the 1907 Hague Convention, IV, respecting the Laws and Customs of War on Land, the Contracting Powers of the 1949 Geneva Convention, IV, relative to the Protection of Civilian Persons in Time of War, the Contracting Powers of the 2002 Rome Statute, the United Nations, the International Committee of the Red Cross, and the National Lawyers Guild”—Article 1(3).

The Commission has been convened with experts in international law in the fields of State continuity, humanitarian law, human rights law and self-determination of a people of an existing State under belligerent occupation. These experts authored legal opinions for the Commission, which include: Professor Matthew Craven, University of London SOAS, School of Law; Professor William Schabas, Middlesex University London, School of Law; and Professor Federico Lenzerini, University of Siena (Italy), Department of Political and International Sciences. Dr. Sai, who is also from the University of Hawai‘i, will also provide his expertise in the legal and political history of Hawai‘i.

Dr. David Keanu Sai, Memorandum—Hawaiian Constitutional Governance (2019).

Dr. David Keanu Sai, Memorandum—United States Belligerent Occupation of the Hawaiian Kingdom (2019).

Professor Matthew Craven, Legal Opinion—Continuity of the Hawaiian Kingdom under international law (2002).

Professor William Schabas, Legal Opinion—War crimes related to the United States occupation of the Hawaiian Kingdom since 17 January 1893 (2019).

Professor Federico Lenzerini, Legal Opinion—International Human Rights Law and Self-Determination of Peoples Related to the United States Occupation of the Hawaiian Kingdom since 17 January 1893 (2019)

11 thoughts on “Hawaiian Royal Commission of Inquiry

  1. On behalf of my ohana and I, Mahalo nui for the diligent efforts of everyone involved in seeking justice for the Hawaiian Kingdom and it’s subjects!

  2. Dr. David Keanu Sai and ALL of our Humble Hawaiian Subjects throughout the Hawaiian Kingdom AND around the World, “WE” extend our ALOHA & MAHALO NUI LOA!! `ONIPA`A—- Uncle Francis and Aunty Cecilia.

  3. Who cares this to go on for years all the documentation doctrines that those people write won’t mean if it doesn’t come to an end one of the biggest problems that you people don’t understand is the hague convention Act is the big problem. Read the hague convention act ocse and child support plus the United nations rights of the child Declaration on human rights. Are all making you people enslave to the United States government to pay the debts of pass Wars. Do you think United States government is going to give back something that they are making billions of dollars on that is Hawaiian people and the people of the United States are debt slaves they’re just making you believe that they’re going to do something they can’t because if they do they’re going to lose money get a grip and read

    • SUCK AH NUT WILLIE BOY learn your history before you come here okay if you don’t like what is happening then pack your shit up and leave it’s that easy if not shut the hellie up and enjoy the show because it’s going to happend weather you like it or not so like i said earlier no need for youe negitive comments we are looking for solution not some idiot opinion

  4. Ho`omaika`i Keanu for all you have done and continue to do. I watch for justice to our people and myself who have become victims of the illegal u.s. occupation and illegal and unjust treatment not only on our aina and lahui and also upon my own kino and mana. I served them militarily like yourself and stand ready to serve ka aupuni O Hawaii in like manner and more. Mahalo Piha

  5. It is beyond dangerous as at this time when the u.s. president and his white staff has and is creating international problems to have Hawaii as an illegal state of the u.s. with it’s u.s. military bases, land sea and air and it’s political/governmental entities on hand to support the perpetrators. I have always wanted a more distant, more well defined separation from them. I want it more now. I put my life up for them and fought against them at the same time in the past. No I couldn’t have it both ways now. Kalamai !

  6. Mahalo nui for all your efforts Dr. Sai and everyone involved in bringing about justice for the Hawaiian Kingdom and its subjects. I hope to see the great huli in my life time.

    Katherine Piho

  7. us all right here will see the big huli thanks to keanu and the gang for getting us this far through the gates Aloha

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