In its Sunday edition (April 19, 2015) on page 12, Neue Zürcher Zeitung (NZZ) a Swiss German language daily newspaper published in Zurich, broke the story of war crimes committed by the United States in Hawai‘i. NZZ has a reputation as a quality newspaper and as the Swiss newspaper of record, the newspaper is known for its detailed reports on international affairs, stock exchange, and the intellectual, in-depth style of its articles. Here is the English translation of the article.
Click here to download the article in NZZ Sunday newspaper.
The authorities of the Federal Judiciary are confronted with a strange case, which has the potential of straining the relations between Switzerland and the USA. What is to be clarified is nothing less than the question of whether in the view of the [Swiss] Confederation Hawaii is recognized in accordance with international law as the 50th Federal State of the USA, or whether the Kingdom of Hawaii rather still exists – albeit since 1898 under occupation. Furthermore, it is to be determined whether the USA committed war crimes in Hawaii, including against Swiss residing there – and this possibly even with the assistance of the Swiss Joe Ackermann. It is indeed a delicate dossier, which since April 9 has been with the Federal Criminal Court in Bellinzona.
Coup against Lili‘uokalani
Specifically, the case is about the criminal complaints by a Swiss and a “Hawaiian Subject,” as the latter identifies himself in the documents. In petitions to the Office of the Swiss Federal Attorney General dating from January, these two accuse the US authorities of war crimes, including pillaging, unfair trials and unlawful detention. These are said to have taken place in the context of financial disputes in Hawaii – disputes which, however, are directly related to the question of Hawaii’s status in international law: Both plaintiffs hold the view that the Kingdom of Hawaii still exists, and that in consequence, the US authorities have no rights whatsoever in the archipelago. The Swiss, who by virtue of his nationality considers the Office of the Federal Attorney General to have jurisdiction in this case, is bringing action for unlawful appropriation of property as well as pillaging in form of taxation by the US tax authorities. The Hawaiian subject, on the other hand, sees himself as being cheated when purchasing a real property: The transaction at first followed US-American law and was notarized accordingly. But then the subject came to the conclusion that the USA was not authorized to do such official acts on the territory of the occupied Kingdom of Hawaii – in consequence he discontinued his interest payments to the lending bank.
|Joe AckermannAs former CEO of Deutsche Bank, the Swiss business leader was targeted by Hawaiian subjects|
The bank in question was Deutsche Bank, which ordered the mortgaged property to be foreclosed, by US authorities of course. In this context the subject was temporarily arrested. At that time, Joe Ackermann was heading Deutsche Bank – a sufficient reason for the Hawaiian to make a criminal complaint against the Swiss banker to the Office of the Federal Attorney General in Berne. So much on the specific cases.
The matter might be dismissed as a legal frivolity by two odd characters, were it not for a larger movement standing behind it, a movement which has seriously been addressing the question of the continuity of the Kingdom of Hawaii for years. The prime mover is Keanu Sai, “a political scientist whose research and expertise centers on the continuity of the Hawaiian Kingdom as an independent and sovereign State,” as he states.
At the center of the debate are historical events: In 1893, the last Queen of Hawaii, Lili‘uokalani, was deposed in a coup d’état and in 1895 forced to abdicate (see box). Goal of the coup leaders – protected by US troops – was the annexation of Hawaii by the USA. The latter happened, effectively, in 1898, in connection with the Spanish-American war, when Hawaii gained strategic importance in the Pacific. The USA employed as a basis for the occupation a so-called “joint resolution,” a legal act jointly passed in the Senate and the Congress [sic] in Washington. The admittance to the United States as the 50th State happened only in 1959, after a plebiscite with a clear-cut result – by then, of course, the culture of the Hawaiian people had already been pushed back strongly by American and Asian immigrants.
For Sai and his colleagues, the unilateral American decisions are all null and void. A “joint resolution” of the legislature in Washington, such as the one of 1898, could be legally effective according to constitutional law only within the USA and could not be extended to another territory, such as the Kingdom of Hawaii. The Federal State of Hawaii of today, therefore, is seen as a direct successor to the Republic of Hawaii that was proclaimed by the coup leaders in the 1890s. Thus, it would have no legitimacy whatsoever under international law. Sai has placed his struggle for the Kingdom of Hawaii into courtrooms all over the world, including in Switzerland. Here he is now representing the two plaintiffs. His argument includes a friendship treaty between the [Swiss] Confederation and the Kingdom of Hawaii from 1864: The Treaty is said to have been never officially cancelled or replaced with another convention. The treaty obliges both parties to protect each other’s citizens – thus, it is argued, the Office of the Federal Attorney General must now prosecute the alleged war crimes of the USA in Hawaii.
In Berne, sure enough, the situation is assessed differently: Pointing to the factual recognition of the USA in its present boundaries by the [Swiss] Federal Government, the prosecutor in charge decided not to accept the complaint. Berne, he argued, has no jurisdiction in the case. He included reference to the fact that Switzerland maintains a consulate in Hawaii – which is not without irony since, of all things, it is a long-serving diplomat who today is acting as a door-opener for Sai in Switzerland.
The dismissive decision of the Federal Attorney General’s Office was indeed unable to stop the Hawaiian independence fighter Sai: The latter appealed the decision – now the case is up to the judges in Bellinzona.
Ooops: I think its supposed to say APRIL 19, 2015… NOT May 19, 2015. E kala mai ia’u IF I am wrong in making this correction. Mahalo me ke Aloha.
Do you have a link to the article itself? I would like to post a direct link to the article in the paper when I repost it. Thank you.
Wow, a report that finally got it right! Awkward to see a report with such
accuracy, so used to seeing reports making no mention of the Hawaiian
Kingdom as a state!
“…What is to be clarified is nothing less than the question of whether in the
view of the [Swiss] Confederation Hawaii is recognized in accordance with
international law as the 50th Federal State of the USA, or whether the
Kingdom of Hawaii rather still exists – albeit since 1898 under occupation.”
Holy smokes, this is getting real close! Judge Cardoza taking judicial notice
on the sovereign existence of the Hawaiian Kingdom, while at the same time
not willing to dismiss the criminal case against the Moloka’i fisherman knowing
whatever way the State of Hawai’i Supreme Court decides, he will either
proceed should the higher court find a loophole or the case will automatically
be dismissed for lack of subject matter jurisdiction.
So it is with the prosecutor of the [Swiss] Federal Government, with no
supporting evidence he shamefully disgraced himself (we call it selling out)
and chose to defer:
“Pointing to the factual recognition of the USA in its present boundaries by
the [Swiss] Federal Government, the prosecutor in charge decided not to
accept the complaint.”
So long ago was this unlawful act of war committed by the U.S. upon the
Hawaiian Kingdom that this prosecutor cannot see any wrong done, blinded
by time. This however examples whether an individual or even an entire
country has any integrity, we know of course the State of Hawaii is without
any integrity but then again they are the culprits!
In the Bibala, David (a Shepard boy) conquered Goliath as he was God’s
favored who would eventually be King David, surpassing God’s anointed!
Amongst us today we have another David taking on another giant that will
also leave a long lasting legacy. May God’s favor and blessing be upon you
Dr. David Keanu Sai! Go get’um, almost there! With Akua before you let
there be no man or country come against you!
Amen! Well said Win808. Mahalo
Amen! Mahalo ke Akua! For sending down one of your soldiers from heaven Dr. Sai. Mahalo for all the knowledge , wisdom and blessings you have given him in Jesus name! Mahalo for all the supporters! Not only of the Hawaiian Kingdom but of Gods Kingdom because everything Pono, comes from you lord! We all know that you lord will turn this darkness that blankets us from the truth to light! And all your people will be set free! Like Moses who led his people to the promise land, you are using Dr Sai to lead his people, us Kanaka to our Promise Land! We thank you for all that you have done for us Father in Jesus Name! Mahalo for Dexter Ka’iama, and all his doings for he is the one you chose to light up our path through the darkness we face today. We love you and we all praise and worship you with all thy heart! In Jesus Name, Amene, Amene!
Our only down fall may be that we reiterate the words of JC…..”Forgive them father for they know not what they do.” Aloha Aina ….Malama Pono.
Yes you are correct. But with forgiveness comes reconciliation. USA’s penance is reconciliation is de-occupation. Then healing will begin.
Aloha Ke Akua.
Mahalo nui loa ke Akua for giving our nation, our true identity, the Hawaiian Kingdom…you have created and marked a seal on our nation with your profound “ALOHA” through the grace of our mo`i wahine Lili`uokalani Executive Agreement….`Onipa`a… and, I say, AMEN! AMEN AMEN! I truly believe Akua have consecrated, anointed and appointed Dr. David Keanu Sai, as the prophet Jeremiah 1:5,proclaimed through the inspiration of our Risen Lord Jesus Christ, “Before I formed you in my womb I knew you, before you were born I consecrated you, a prophet to the nations I appointed you.”
Amen Justice is long overdue.
Now we must save ourselves from this “Corrupt generation”.and Focus more on Gods healing power,Acts 2;38,39: Peter replied, Repent and be baptized,every one of you,in the name of Jesus Christ for the forgiveness of our sins.And you will receive the gift of the Holy Spirit.The promise is for you and your children and for all who are far off-for all whom our God” will call Mahalo Mr.Sai for your dedication for the “”People of Hawaii” and may the good Lord keep you Healthy and strong,Aloha!!
Has there been any update to what the status of this is now?