Te Karere New Zealand Television (NZTV) covers the illegal occupation of Hawai‘i by the United States. For the past week Dr. Keanu Sai has been meeting with tribal and political leaders in an act to raise awareness and gain support from Māori and New Zealanders on the illegal occupation of Hawai’i by the United States of America.
During his visit to New Zealand, Dr. Sai has met with Members of Parliament, a Cabinet Minister of the New Zealand government, Political Party Officials, Academics, and Tribal Leaders regarding the prolonged occupation of Hawai‘i by the United States. Dr. Sai brought to their attention the recent decision by the Swiss Federal Criminal Court specifically naming the State of Hawai‘i Governor Neal Abercrombie, Lt. Governor Shan Tsustui, the director of the Department of Taxation Frederik Pablo and his deputy Joshua Wisch, and the CEO of Deutsche Bank, Josef Ackermann.
In these meetings, Dr. Sai explained:
As my fellow countrymen and women are awakening to the stark reality that we’ve been under an illegal and prolonged occupation by the United States since the Spanish-American War, 1898, there are profound economic, legal and political ramifications that transcend Hawai‘i. My country was seized by the United States for military interests, and the belligerent occupation was disguised through lies and effected through a program of denationalization—Americanization—in the schools at the turn of the 19th century.
This revelation is reconnecting Hawai‘i to the international community and its treaty partners regarding the violations of rights and war crimes committed against the citizens and subjects of foreign states who have visited, resided or have done business in the Hawaiian Islands. My country’s treaty partners include Austria, Hungary, Belgium, Denmark, France, Germany, Italy, Japan, Luxembourg, Netherlands, Portugal, Russia, Spain, Switzerland, Sweden, Norway, the United States, and the United Kingdom, to include Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, and Tuvalu, as member states of the Commonwealth Realm.
The State of Hawai‘i has evaded a precise definition of standing in international law because it has pretended to be a government within the territorial borders of the United States, when in fact it is a private organization operating outside of the United States. The U.S. Congress created the State of Hawai‘i in 1959 by a Congressional Act, but since Congress has no extra-territorial effect it could not vest the State of Hawai‘i with governmental powers outside of its territory in an occupied state. According to the laws and customs of war, the State of Hawai‘i is defined as an Armed Force of the United States, which pretends to be a government.
As an Armed Force, the State of Hawai‘i is presently operating from a position of no lawful authority, and everything that it has done and that it will do is unlawful. From the creation and registration of commercial entities, the collection of tax revenues, the conveyance of real estate, to judicial proceedings, the State of Hawai‘i cannot claim to be a government de jure. This has the potential of generating catastrophic economic, legal and political ramifications in foreign countries, and the mandate for some of these countries, which includes New Zealand (International Crimes and International Criminal Court Act 2000), is to prosecute war crimes committed in the Hawaiian Islands under universal jurisdiction.
Her British Majesty Queen Victoria was the first to recognize Hawaiian independence in a joint proclamation with the French on November 28, 1843, and subsequently entered into a Treaty of Friendship, Commerce and Navigation on July 10, 1851. In 1893, my country maintained a Legation in London, and two Consulates in the cities of Auckland and Dunedin, and the United Kingdom maintained a Legation and a Consulate in Honolulu. These Consulates were established in accordance with Article XII of the 1851 Hawaiian-British Treaty, which provides:
“It shall be free for each of the two contracting parties to appoint consuls for the protection of trade, to reside in the territories of the other party; but before any consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the contracting parties may except from the residence of consuls such particular places as either of them may judge fit to be excepted. The diplomatic agents and consuls of the Hawaiian Islands, in the dominions of Her Britannic Majesty, shall enjoy whatever privileges, exemptions and immunities are, or shall be granted there to agents of the same rank belonging to the most favored nation; and, in like manner, the diplomatic agents and consuls of Her Britannic Majesty in the Hawaiian Islands shall enjoy whatever, privileges, exemptions, and immunities are or may be granted there to the diplomatic agents and consuls of the same rank belonging to the most favored nation.”
The New Zealand Government’s recent creation of the New Zealand Consulate General in Honolulu was established by virtue of Article 16 of the 1794 Treaty of Amity, Commerce and Navigation between Great Britain and the United States, also called the “Jay Treaty,” and not the Hawaiian-British Treaty. Therefore, the New Zealand Consulate in Honolulu stands in direct violation of the Hawaiian-British Treaty, and therefore is unlawful. This year, the Swiss authorities were faced with the same circumstances. In a decision by the Swiss Federal Criminal Court Objections Chamber this year, the Court concluded that the 1864 Hawaiian-Swiss Treaty was not cancelled and that the Swiss Consulate in Honolulu is unlawful. These decisions stemmed from war crime complaints filed with Swiss authorities by a Swiss expatriate residing in Hawai‘i and a Hawaiian subject. I represent both men in these proceedings.
The Court specifically named the CEO of Deutsche Bank and high officials of the State of Hawai‘i as alleged war criminals for committing the war crime of pillaging. Allegations of war crimes can only arise if there is an international armed conflict, and the evidence acquired by the Swiss Attorney General that was provided to the Court clearly established that an international armed conflict does exist between the Hawaiian Kingdom and the United States. According to customary international law, an international armed conflict is not limited to states engaged in hostilities, but also the military occupation of a state’s territory even if it occurred without armed resistance, i.e, Common Article 2, Geneva Conventions.