Illegal State of War Brief

When the South China Sea Tribunal cited in its award on jurisdiction the Larsen v. Hawaiian Kingdom case held at the Permanent Court of Arbitration, it should have garnered international attention, especially after the Court acknowledged the Hawaiian Kingdom as a state and Larsen a private entity. The Larsen case was a dispute between a Hawaiian national and his government, who he alleged was negligent for allowing the unlawful imposition of American laws over Hawaiian territory that led to the alleged war crimes of unfair trial, unlawful confinement and pillaging. Larsen sought to have the Tribunal adjudge that the United States of America violated his rights, after which he sought the Tribunal to adjudge that the Hawaiian government was liable for those violations. Although the United States was formally invited it chose not to join in the arbitration thus raising the indispensable third party rule for Larsen to overcome. What is almost completely unknown today is Hawai‘i’s international status as an independent and sovereign state, called the Hawaiian Kingdom, that has been in an illegal state of war with the United States of America since 16 January 1893. The purpose of this article will be to make manifest, in the light of international law, the current illegal state of war that has gone on for well over a century and its profound impact on the international community today.

9 thoughts on “Illegal State of War Brief

  1. Time to S— or get off pot I am kanaka and get very tired of talk, talk, talk Seen too many changes for bad not good …born 1952 Honolulu so give respect ..

    • Aloha Christopher, if you don’t understand that Hawaii has been under an illegal and prolonged military occupation which triggered the state of war when the U.S. landed it’s Troops to invade Hawaii and overthrow it’s gov’t then I suggest you read some of the older post on this blog. U.S. President Grover Cleveland declared that the landing of the U.S. Troops to overthrow the Hawaiian Gov’t was an act of war by the United States. This state of war continues until a Treaty of Peace can be negotiated to end the state of war and transition it into a state of peace. North Korea and South Korea are in a state of war. They have an armistice in place to stop the violence but they have no Treaty of Peace to end the state of war and return to a state of peace. That is why they U.S. will meet with North Korea in order to broker a deal for a Peace Treaty to end the state of war. As far as Hawaii is concerned, everything the U.S. claims in Hawaii is just smoke and mirrors. Propaganda to create the illusion of a legal transfer of Title and Sovereignty. It is legally impossible to defend that claim without a Treaty of Annexation. Customary international law, Geneva/Hauge Conventions and the laws of occupation prohibit any annexation of territory during occupation. Hope this brings clarity.

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