Meeting with Officials of the International Committee of the Red Cross in Geneva, Switzerland

Emblem_of_the_ICRCOn December 17, 2013, Dr. David Keanu Sai and attorney Dexter Kaiama had a meeting with Stephane Ojeda, Deputy Head of Operations for the Americas for the International Committee of the Red Cross (ICRC) at the ICRC’s headquarters in Geneva, Switzerland. The ICRC is a humanitarian organization that has a specific mandate in the 1949 Geneva Conventions to provide protection for civilians during international conflicts and occupations. At a Conference on the Politics of Humanitarianism in the Occupied Territories held in Israel in 2004, Mr. Ojeda described the ICRC as “guardians of international humanitarian law” and independent of political influences.

The purpose of the meeting was to bring to the attention of the ICRC the severity of an illegal and prolonged occupation of the Hawaiian Islands and the violation of the rights of ICRC_HQprotected persons in the Hawaiian Islands as defined under the Fourth Geneva Convention and the Protocol (1) Additional to the Geneva Conventions of 12 August 1949, as well as United States citizens, who are not protected persons under the Convention and Protocol, but do have rights protected under Title 18, United States Code, §2441 (War Crimes Act) that has  force in territories occupied by the United States. These violations include deprivation of a fair and regular trial, pillaging of real and personal property, and unlawful confinement. Mr. Kaiama has represented over 150 clients in both Federal and State of Hawai‘i courts of the Hawaiian Islands centering on these violations. The majority of these clients are also clients of Laulima Title Search & Claims, LLC, to include the company’s president, Mr. Kale Gumapac.

In addition, Mr. Kaiama submitted a formal request to the ICRC for assistance in accordance with Article 30 of the Fourth Geneva Convention. Article 30 states that “Protected persons shall have every facility for making application to…the International Committee of the Red Cross.” According to the ICRC, “The right in question is an absolute right, possessed by all protected persons both in the territory of a Party to the conflict and in occupied territory, whether they are not detained, or are internees, persons placed in assigned residence or detained. The communication may have a wide variety of causes, and it may take the form of an application, suggestion, a complaint, a protest, a request for assistance, etc.; it is not even necessary for an infringement of the Convention on the part of the authorities to have occurred. The right of communication may be exercised under all circumstances.” The Hawaiian Kingdom is a party to the Fourth Geneva Convention and Protocol 1.

After Dr. Sai provided a brief overview of Hawai‘i’s status as an independent State under an illegal and prolonged occupation, Mr. Ojeda admitted he was not aware of Hawai‘i’s history despite the ICRC’s working relationship with the United States Pacific Command. Mr. Ojeda was also fascinated by the online news coverage provided Big Island Video News on the subject of occupation and war crimes. Later that day, Mr. Ojeda contacted Dr. Sai and Mr. Kaiama in order to schedule a follow up meeting with the ICRC’s legal advisor, Dr. Tristan Ferraro, the following day. Dr. Ferraro’s legal expertise is on occupations.

The meeting with Dr. Ferraro lasted 2.5 hours, and, like Mr. Ojeda, Dr. Ferraro was not aware of Hawai‘i’s legal and political history and its place in international law. The focus of Sai_Ferraro_ICRCthe meeting centered on Hawai‘i’s status as an independent State and whether or not international law provided for its continued existence or its demise. In order for the ICRC to exercise its mandate to ensure protection for civilians during a prolonged occupation as requested by Mr. Kaiama, the ICRC needs to determine how the intervention will take place. Dr. Ferraro assured Mr. Kaiama that he would complete his recommendation by March 2014, and report his conclusion to Mr. Ojeda. Dr. Sai provided his legal brief titled “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom,” and other pertinent documents to assist Dr. Ferraro in his review. Dr. Sai specifically drew attention to a section of the legal brief that states:

“any claim to State continuity will be dependent upon the establishment of two legal facts: first, that the State in question existed as a recognized entity for purposes of international law at some relevant point in history; and, secondly, that intervening events have not been such as to deprive it of that status.  It should be made very clear, however, that the issue is not simply one of ‘observable’ or ‘tangible facts,’ but more specifically of ‘legally relevant facts.’  It is not a case, in other words, simply of observing how power or control has been exercised in relation to persons or territory, but of determining the scope of ‘authority,’ which is understood as ‘a legal entitlement to exercise power and control.’ Authority differs from mere control by not only being essentially rule governed, but also in virtue of the fact that it is not always entirely dependent upon the exercise of that control.”

As the meeting came to a close, Dr. Sai provided Dr. Tristan the Hawaiian Kingdom’s formal request to have the ICRC assist in securing a Protecting Power that is neutral and not a party to the conflict in accordance with Article 5(3) & (5) of Protocol 1. A Protecting Power is a country that would serve as an intermediary between the Hawaiian Kingdom and the United States in order to assure compliance with the Fourth Geneva Convention, Protocol 1 and international humanitarian law. If the ICRC is not able to secure a Protecting Power it has to offer itself as a substitute. According to the ICRC, a timetable for a decision will be no later than 60 days.

16 thoughts on “Meeting with Officials of the International Committee of the Red Cross in Geneva, Switzerland

  1. Keanu & Dexter, mahalo for educating the international countries on the True Hawaii History. As a small island of Hawaii, we have learned the history of numerous international countries, I am very amazed that virtually almost all international countries that you have visited was not aware of the annexation & the illegal occupation of Hawaii. Your performance as a true leader for the people is graciously appreciated. God Bless you both and your Family.

  2. Perhaps the ICRC could take a good look at the homeless situation on the different islands to see that this occupation has NOT worked for so many of us! The government’s treatment of these folks borders on inhumane when one of their representatives can attempt to “solve the problem” by taking a sledge hammer to their shopping carts and others are being continuously relocated with bulldozers.

    • Mm-mmm. Our occupying government (State of Hawaii), much less our occupied power (U.S. Government) does not care about the people of Hawaii even if we were all dead from foreign nuclear attack. The only thing our occupied power cares about here is their own military interest. Yeah when I heard about that State of Hawaii representative that went around Waikiki showing a huge sledgehammer and using it by busting up homeless people’s shopping carts, in the end, I found it extremely embarrassing! I mean displaying something like that to our tourist visitors, an absolute disgrace! Not to mention that man was a (occupied) government representative! I cannot believe he never got fired! (At least what I heard).

      But beyond the radicals, I somewhat believe that there is hope! On my spare time, I research the H.K.’s Penal Codes and I discovered a law that is pretty amazing! Personally I wonder if it was and how it was enforced when the H.K. Government was in power!

      What if I told you that in the H.K., it is ILLEGAL to be homeless?
      If you look at the Penal Codes of the H.K., go to PDF page 44 and it seems like it is under definition of “VAGRANTS-DISORDERLY PERSONS”

      http://www.hawaiiankingdom.org/penalcode/pdf/Penal_Code.pdf

      Aloha

      • The point is that the ICRC is concerned with humanitarian treatment of protected persons under the laws of occupation. Our homeless population has been treated so poorly, it borders cruelty. The reality is that the Hawaiians who have been Americanized have done well (by their standards), but for those who have not bought into the brainwashing, they are the ones suffering. And perhaps the tourist should see what the true effects of an illegal occupation look like.Had it not been for the occupation, and we had made our own choices on the best way to deal with our own issues, things would probably look a lot different today. This homeless issue is just the tip of the iceberg when you really start thinking about the various ways this occupation has been harmful to us over the last 120 years.

  3. I’m sure everyone has personally experienced numerous examples of violations such as destruction of religous sites, iwi kupuna, IRS taxes…etc. According to the ICRC, “The right in question is an absolute right, possessed by all protected persons both in the territory of a Party to the conflict and in occupied territory, whether they are not detained, or are internees, persons placed in assigned residence or detained. The communication may have a wide variety of causes, and it may take the form of an application, suggestion, a complaint, a protest, a request for assistance, etc.; it is not even necessary for an infringement of the Convention on the part of the authorities to have occurred. The right of communication may be exercised under all circumstances.” Wonder what would happen if hundreds or thousands send in their requests, just a thought.

  4. Mahalo, Kekoa! And when you add the attempt by the Roll Commission and Kana’iolowalu to strip us of our citizenship (to our Hawaiian Kingdom), this could get very serious.

  5. Imua for finding ways that heal and do not harm and likewise pave the way for justice for those who have been wronged. And

    I saw this on someoneʻs tee shirt. POI. People of Integrity.

  6. Mahalo for the multitude of Avenues you seek to drive this BEAUTIFUL Porsche down!!! Hopefully this street sign reads, “Imua Ave”. Personally, I can’t wait to see if or which country might come forward on our behalf. How exciting!!!

    • Okay, i feel silly. Hyperlinks are a fantastic tool that I need to use to their full capacity. So, February 15? Is that the date we are looking at for a reply from the ICRC? The fantastic course here is how it takes a social road rather than just a legal and courtroom setting, while working within the context of legal framework. After all, we are humankind, and thankfully not just a bunch of lawyers in courtrooms. I keep trying to imagine the what the reaction of businesses would be to the ICRC ministering to homeless in Waikiki. What would that look like, and what would their reaction and the reaction of the local authorities be to that? I assume the ICRC would be helping all people caught in the crosshairs of the situation and not just Hawaiian citizens? Any thoughts, anyone?

  7. What is the role of the American Red Cross here in Hawaii? Are they subject to the same humanitarian laws under the fourth geneva convention and protocol 1 as well? They need education on Hawaii’s history as well. Mahalo nui to the both of you.

  8. There was a time when our people could not speak up for fear of treason and being un-American or a communist. Others could not speak up for fear of losing their jobs or being blackballed. It does not surprise me that many governments and their people do not know anything about the Kingdom; many Americans know nothing about us either. Saddam Hussein stated on national television, CNN, that he would get out of Kuwait when the U.S. pulls out of Hawaii. We all know what happened to that democratically elected president of Iraq. I am glad you are suing for those who were injured through your title search company. You were correct to state that no one has clear title to the land. But there are many of us that wish to charge the US with war crimes. Our people do not realize the catastrophic and destructive affects and effects the military’s propaganda and psychological warfare has on them. But I am sure the people feel the effects of the propaganda and psychological war waged upon them by the US government and those private institutions who have been suppressing and undermining the people of the Kingdom since they got off the boat.

  9. Mahalo everyone for the conversations. We need more conversations just like this. We are in all areas of the mountain of freedom looking from our various vantage points. Our homeless are just house less some of them by choice and others by the sheer enormity of the economics and the political will. There are so many more on the brink of homelessness and others dealing with being houseless by living with family and friends. There is no data right now for how many households are now multi-familiy, in single dwellings. There are thousands of us living like that. We will have a multitude of crisis to address with compassion and care. Those of us who are able and willing, need to now be designing ways we can help the transition from occupied and landless to unoccupied and landholders to progress with dignity and aloha. We are free, the rest of the world already knows our situation. We are the ones that need to live now with the spirit of freedom and begin at home helping our own understand the responsibility of our Kingdom. We all have kuleana we can start identifying the areas we need to paa and holomua.
    Mahalo All who are working diligently and with great integrity to bring to pass this long awaited day of and Unoccupied State. It will be in our time of this I am absolutely sure. Mahalo Ke Akua for those who are dedicated to staying within the law. Ke Akua please malama our entire Nation. Bless all those who are at the forefront and stay the hand of our enemies be they foreigner and or nationals is our solemn prayer. AMENE AMENE AMENE.

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