National Lawyers Guild Acknowledges Hawai‘i is Illegally Occupied

At the International Committee weekend retreat in the Bay Area in March 2019, the IC launched a new subcommittee, the Hawaiian Kingdom Subcommittee. Read on to learn more about the subcommittee’s work. To reach out or join the subcommittee, contact co-chairs Martha Schmidt, Keanu Sai and Steve Laudig.

There is a common misconception that the Hawaiian Islands comprise United States territory as its political subdivision, the State of Hawai‘i. The Hawaiian Islands is the territory of the Hawaiian Kingdom. In Larsen v. Hawaiian Kingdom, the Permanent Court of Arbitration recognized “that in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States (Award, para. 7.4).” By 1893, the Hawaiian Kingdom maintained over 90 embassies and consulates throughout the world and entered into treaty relations with other countries to include the United States.

The lack of any US congressional constitutional authority to annex a foreign country without a treaty was noted in a 1988 memorandum by the Office of Legal Counsel, U.S. Department of Justice, which questioned whether Congress was empowered to enact a domestic law annexing the Hawaiian State in 1898. Its author, Douglas Kmiec, cited constitutional scholar Westel Willoughby who had written: “The constitutionality of the annexation of Hawaii, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. The right to annex by treaty was not denied, but it was denied that this might be done by a simple legislative act. … Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial force—confined in its operation to the territory of the State by whose legislature it is enacted.” Since 1898, the United States have been imposing American municipal laws over the territory of the Hawaiian Kingdom in violation of international humanitarian law.

On February 25, 2018, Dr. Alfred M. deZayas, a United Nations Independent Expert, sent a communication to State of Hawai‘i judges stating: “I have come to understand that the lawful political status of the Hawaiian Islands is that of a sovereign nation-state in continuity; but a nation-state that is under a strange form of occupation by the United States resulting from an illegal military occupation and a fraudulent annexation. As such, international laws (the Hague and Geneva Conventions) require that governance and legal matters within the occupied territory of the Hawaiian Islands must be administered by the application of the laws of the occupied state (in this case, the Hawaiian Kingdom), not the domestic laws of the occupier (the United States).”

The Hawaiian Kingdom Subcommittee provides legal support to the movement demanding that the U.S., as the occupier, comply with international humanitarian and human rights law within Hawaiian Kingdom territory, the occupied. This support includes organizing delegations and working with the United Nations, the International Committee of the Red Cross, and NGOs addressing U.S. violations of international law and the rights of Hawaiian nationals and other Protected Persons.

For a historical and legal overview of the Hawaiian Kingdom situation see: Dr. Keanu Sai’s three articles on the Hawaiian Kingdom published by the National Education Association; and, Professor Matthew Craven’s legal brief on Hawaiian Kingdom’s continuity as a State under international law cited by Judge James Crawford in his The Creation of States in International Law (2d ed.).

The National Lawyers Guild was established in 1937 as an association equal in standing to the American Bar Association.

25 thoughts on “National Lawyers Guild Acknowledges Hawai‘i is Illegally Occupied

  1. As International Law states Hawaii is still a recognized “Soverign Nation” then the status of the “State of Hawaii” is not Legal and should not be recognized. It should be returned to its Own People for governing at the earliest with assistance from the United States Government without question. A Soverign Nation overrides any State Status in anyone eyes…. The Time is Now to return Hawaii to its Duely Soverign Nation Status, not when the USA feels it is ready…..

    • When is this going to be over their are to many chi over in Hawaii that the mother take over their i want my chi back in north America i can the file against her for kidnapping my child to a foreign country

      • That is good news to hear where mothers are freely taking our children from our Mainland over to the state of Hawaii kingdoms that is really good news now I can start my motion to bring them back

  2. the mothers of united sates think they are not kidnapping our children from the main land to live in Hawaii if the Hawaii kingdom is not really part of the united states clearly which is called North America then they did kidnapped our children father who have not seen their children in years. get the point a lot is going on in the dark which the Hawaii people don’t see

    • The United states will never give back the land to much money we would lose i think they would kill everyone first before they give it back they can claim the island if no one live one it

    • I never knew anything about the Hawaiian Kingdom until I punched in Hawaii then everything I ever wanted to learn about Hawaii Kingdom came up do you think the United States will teach this in their schools they do not like to show that America is bad American government says Hitler was bad but we’ve killed over half a million people in this country call the Indians just to get the land we wiped out Nations of Indians just to get the land but that’s not taught in schools United States for trades themselves as a good country but in reality it’s not over taxes their people and death and put men into prison for a debt that the country creates for them

      • This knowledge is already being taught in schools; in fact been taught for years. It is public knowledge in Hawaii and lots of people know that Hawaii is occupied and there is no way it can be refuted.

        • What is go on with what they call fema camp or barges can you explain to me if their is people miss and in barge as prison camps

        • no it is not taught in all the schools, it is beginning to thanks to Keanu Sai and his educating and other professors who know the facts and truth. Grass roots education has been going on for years but many things were not understood until Keanu Sai and other researchers and professors brought out the facts, process takes time and educating the mass of people is going on right not, but de nationalization takes time to un do.

          • Aloha Gale. I did not say it was taught in all the schools, but it is in general being taught in schools. On the other hand, that would be wonderful if it was taught in every single school throughout the lahui! Because in the end, every single person not only needs to know the truth, but needs to be prepared of what is going to happen in the future. As you say, leaning this takes time and it’s best to start as soon as possible. Because when the years of de-occupation arrives, there’s going to be a complete transformation of the Hawaii we are under right now! And for those who are unaware, it will be a horrible shock to them! Especially the foreign population.


  4. Who are you people. Can you give me someone that has a sortie so I can talk to them this is kind of new to American people no one in this country knows what is going on in Hawaii today

  5. This is great news for the kingdom!! More recognition internationally. Soon the u.s. will have to have to answer to their 100+ years of war crimes in the kingdom.

  6. This something i recently found out about my ancestry. i have family in New Zealand they have alway’s been there Moari..but i am of hawaiian ancestry “True blood” My great great grandfather was the” Moi” of Maui, Ali’i ai Moku of Oahu and ali’i of Molokai and Lanai if you know hawaiian histoty you probaly know who im speaking about, this is the ? so what make’s the family in NEW Zealand Moari Or Hawaiian or both since they share the same DNA

    • Alina, you are speaking of ethnicity not nationality. All Polynesians would have the same DNA. They live in different countries; therefore hold different nationalities. There are many like you in the Hawaiian Kingdom that share the same lineage in genealogy.

  7. As much as I resourceful Keanu Sai and the work he has dine in this matter, I feel we must also recognize the work by Routh Bolomet so petitioned the United Nations for relief when the State of Hawaii and 3 Banks came at her to take her land.
    In response to her query, Dr. Alfred DeZayas, Chief Investigator of the U.N, made a ruling that the United States was illegally occupying Hawaii. He then put President Trump, the Attorney General of the United States, Governor Ige and members of the Ha a aii State Supreme Court on notice as to his decision.
    Since that day, numerous inquiries by Concil members have been made to the States Attorney General to determine the accuracy of this finding and any liability that may be charged at them for disregarding this notice. The Atty General chose to ignore the notice.

    Aloha e Cissy Kupau!! Pehea?

    • I see they are talking about the same stuff what we went to know here in the United states is what is the final decision is Hawaii separate from the United States so we fathers that have our children or in Hawaii Kingdom can bring them back and put the mothers in jail where they belong

    • That is good to hear that Hawaii kingdom is separate and Sovereign Nation now I can start my motions in federal court to bring my children back

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