State of Hawai‘i Judge Says He Received Summons from the International Criminal Court

Dexter_KaiamaDexter Kaiama, an attorney that represents war crime victims, was told by another attorney that Judge Harry Freitas admitted to him and the Prosecutor for Hawai‘i County in a conference call that he received a warrant from the International Criminal Court (ICC) in The Hague, Netherlands, to appear before the Court. Freitas is a District Court Judge for the Third Circuit in the city of Hilo, Island of Hawai‘i.

Judges-FreitasIn February 2013, Kaiama submitted the following complaint on behalf of his client with the Prosecutor of the ICC alleging Judge Harry P. Freitas committed a war crime by willfully depriving his client of a fair and regular trial prescribed by the Fourth Geneva Convention, and that Federal National Mortgage Association, and attorneys Blue Kaanehe, Charles Prather, and Peter Keegan were complicit in these proceedings and therefore committed a war crime as accessories.

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On March 4, 2013, the Office of the Prosecutor’s Information and Evidence Unit acknowledged receipt of the complaint and assigned it case no. OTP-CR-63/13.

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The International Criminal Court’s Pre-Trial Chamber (PTC) issues both arrest warrants and summons at the request of the Prosecutor. It is unlikely that Freitas received a “warrant,” but rather a “summons” to appear before the Court. “Warrants” are orders directed to governments for the arrest and apprehension of war crime suspects to ensure appearance before the Court, while “summons” are sent to war crime suspects themselves so they could voluntarily appear before the Court.

The PTC would issue a summons if there are reasonable grounds to believe that the person has committed the alleged crimes, and that the summons is sufficient to ensure appearance before the Court on a specific day and time. Both warrants and summons can be sealed by the Court, which makes them only accessible to persons authorized by the Court. And once it can be ensured that victims and witnesses can be adequately protected, the Prosecutor could apply to the Court to unseal the warrants or summons in an effort to garner international attention and support for the arrests or summons.




It appears that the proceedings and summons are under seal because there is no mention of it on the website of the ICC. In the ICC case The Prosecutor v. Bosco Ntaganda, an arrest warrant was under seal for two years. In other cases the warrants or summons were unsealed within a month. Freitas, however, appears to have been confident enough to disclose the matter to both the attorney and the Prosecutor for the County of Hawai‘i in a conference call because he did state to both that he may be traveling to Europe soon.

When Freitas disclosed to two officers of the State of Hawai‘i court that he received a summons from the ICC it should draw international attention because if Hawai‘i was a part of the territory of the United States the ICC would not have issued the summons in the first place. The United States has not agreed to the jurisdiction of the ICC and therefore the Court would have been precluded from sending a summons if Freitas was a judge within the territory of the United States of America. The acting Government acceded to the jurisdiction of the ICC, which provided the basis for the ICC to exercise jurisdiction over the Hawaiian Islands. Hawai‘i is not a part of the United States and has been under an illegal and prolonged occupation since 1898 in direct violation of international law and the law of occupation.

36 thoughts on “State of Hawai‘i Judge Says He Received Summons from the International Criminal Court

  1. The presumption of the warrant indicates US’s acquiesce? If so, can it be safe to say that perseverance is paying off?

  2. I would believe if the ICC is issuing a warrant for this judge on the basis of the facts in the complaint and their investigation than it would probably be issuing warrants for the rest of the judges that complaints were filed against. Maybe it already did but those judges are not saying a word about it.

    So now the drama unfolds and the nay sayers like Ken Konklin will eat their words. The ICC would not dare partake in something like this if it was frivilous since they would be scrutinized and retaliated against by the United States.

    Admiral Locklear of the Pacific Command why are you remaining complicit when war crimes are happening under your watch? Pursuant to Title 18 United States Code you are the one responsible for investigating, arresting, detaining and prosecuting those responsible for war crimes. Your complicity could be preceived as an obstruction of justice and accessory after the fact.

    The ICC is the last resort for justice and if the U.S. Pacific Command will not fullfil their obligations under Title 18 USC, M27-10 and the Geneva Conventions IV then the ICC can move forward.

    Oh yeah and if you think they can’t come to Hawaii than think again. The reason they issued the warrant is because the presumption of continuity is that the Hawaiian Kingdom continues to exist. They are acting on that presumption because the U.S. remains silent and have not provided the Treaty that rebutts that presumption. Remember, the Hawaiian Kingdom has no (BIA) Bilateral Immunity Agreement with the U.S. or any other country. It would be interesting to see how the U.S. will stop this warrant(s) without creating an International incident.

    • Aloha Kekoa,
      I’m assuming/hoping this is the same Kekoa who still is active in these blogs comments, if so, do you know what ended up happening with this?
      Mahalo for your time as always.

  3. Mahalokeakua… is this proof???… does the hawaiian kingdom still exist???… perhaps freitas can be the judge of that… mahalo dexter for sharing

  4. My heart is filled with joy as I reflect back to the fears, concerns and even tears that many of our Laulima clients had to endure in having to believe in what we, Kale, Keanu and Dexter were doing in proving that the titles to their properties were defected and that the courts were illegal only to have these judges blatantly violate our rights to a fair and regular trial by not challenging the evidence we provided, but by simply stating “due to the 1959 Statehood Act the State of Hawaii has jurisdiction and as such I am denying your Motion to Dismiss and ruling in favor of the bank or in my case the crook”. Although under International Law a War Crime was committed it was hard for anyone to even comprehend that justice would be served when we have always lost especially when it came to protecting our lands and resources. This is action by the ICC is what we have been waiting for and it proves that like our Queen and our Kupuna we were right all along.

    Hmmmmm, does Keanu & Dexter really know what they are doing??? You tell me…….

  5. I’ve been waiting for this moment in time and in my life witnessing “Truth to Power”. through all the odds stacked against us “Kanaka’s”, we have “Onipa’a” in numbers. weathered the storm of aggression, Strength acquired by are mighty “Akua” to prevail all injustices thrown on are path “Aina” seeking peace,and tranquility, and “Aloha” to all.

    P.S. Let the serious games begin……….

  6. Wow, I am honored to be a witness of our illegal occupation of our Hawaiian Kingdom for the people never quit, the mana of our blood is so strong to withstand all these 121 years of torment, land thief and brainwashing, to make us believe we were a part of another country is just shameful. What we and our Kupuna’s on our Ku’e petition stood for is nothing short of awesomeness and we continued to follow of Queen’s footstep by doing it with knowledge, deli gents but most of all Aloha. Idle no more Hawai’i for the end is near… Aloha for my people and the warrior’s like Dexter, Dr. Sai, Kale and all other’s for fighting the fight. Joy fill’s my soul….Mahalo Ke Akua

  7. Mahalo to all our brave kanaka’s that are walking the walk and talking the talk in fighting for the rights of the people of our beloved Hawaiian Kingdom. I believe that what is happening now is definitely going to “rock the world” and make the rest of the Hawaiian people that decided to sign up with Kanaiolowalu the roll commission to makaala and see the light of truth. Come on brothers and sisters of Kanaiolowalu and Office of Hawaiian Affairs, just look into the past to our true Hawaiian history and join the rest of us kanaka’s to right the wrong of 121 years of illegal occupation by the ugly American government. Don’t you want to be independent in your own home country like we should be instead of being controlled by others that does not practice our Aloha Spirit and don’t even understand what it means. Again, don’t make the same mistake that you all made before by following the wrong choice.

    Love and Aloha,

    Kaleolani Kama

  8. Ho, brah! I bet the puppet government (State of Hawaii) is freaking out big time right now just like in March 2013! There’s only one way to stop this: Either the U.S. Government shows legal evidence that Hawaii is legally U.S. sovereign territory, or do what is required under International Law before the U.S. Government is forced to do it under, for one example, this!

  9. Kamaha’o loa!. This is humbling at the same time. Thankfully, we have the leadership now in place to move the Hawaiian Kingdom Nation forward. We are bewildered no more. In the past we have floundered, but we are confused no more. We have done the best we could (all Groups) and now we know better, we will do better. But we all must Kokua as one, and unify our struggle into one, in order to implement and re-instate our H/K Restoration. Kulia i ka nu’u.

  10. On the document called:

    Coalition for the International Criminal Court

    One of the questions state
    -Which organ of the court will transmit an arrest warrant or a request for cooperation?

    My questions is: What law enforcement agency will carry out the arrest?

    • There are others that were connected to this court case that judge Freitas is being supeona for so, it will be awesome to find out who else was served. There also a lot of other cases including Kale Gumapac and my own with a lot of other judges, attorneys, bank executives, realtors, escrow managers and individuals such my own brother, his wife and several others who thought they could get awat with their own fraud and theft. This would really make people wake up especially those who support the illegal occupier, hid behind their illegal courts and those who supported Fed Rec!!! Oh Yea!!!

  11. Aloha Frank, at first I thought this was a warrant also because the judge’s statement referred to a warrant. However, with doing more research on the ICC website and other ICC cases it appears this is a summons and not a warrant.

    However, getting back to your question in the event it was a warrant or becomes a warrant in the future. It depends on what states or international organizations are here at the time. Also the ICC has the option of utilizing INTERPOL.

    The U.S. executive or USPACOM would have a nightmare if INTERPOL or another authorized state was to attempt an arrest here in Hawaii.

  12. In regards to the over whelming foreclosures that the people of Hawaii have and are still experiencing, are all the evicted parties protected whether they are of Hawaiian ethnicity or not. If Kale Gumapac’s case prevails because the state of Hawaii courts lack jurisdiction and the ICC finds judge Freitas in violation of international law, does this mean that the united states government will be responsible to all the people that have lost their homes and lands illegaly? Will the people that has been violated receive restoration from the guilty parties?

    Aloha for your mana’o

    Mahalo nui, Kaleolani Kama

  13. Aloha Kaleolani, those are very good questions. This is not a racial issue and if you seen the complaints and complainants some are not ethnic Hawaiians. I would think the Title Insurance would cover the private individual if they had an owners policy, as long as the Insurance company can remain solvent. Other than that I guess it would require a lawsuit against the United States. Not sure if a class action suit is possible.

    It would be interesting to research Namibia’s case to see what legal remedies were available or not available to those victims.

  14. aloha kakou, we have gone through an illegal court case leading to the eviction of my family and destruction of our church on our ancestral lands. According to the courts/judge strance in kona big island 3rd circuit has ruled in favor of the persons/people/makalei claiming to have clear title. We have shown clear archival evidence of our lineage to the royal patent and makalei could not show clear title, so the judge/strance ruled in their favor on the basis of adverse possession and sent armed agents/sheriffs to remove my family from this land. This was done in September 2010. We have filmed the whole event, can we file a complaint on these basis?

  15. Mahalo no I Iesu ke Kanaka waiwai. I’ve always believe the truth to prevail itself and knew that Ke Akua will always make it possible and draw all who choose to “come unto Christ” to the truth. E Kupaianaha!

  16. Is there any information of the date when the judge and other defendents will appear? Will anyone be representing the kingdom during the trial to support the complaint? And what is the expected outcome?

  17. Aloha Thomas, because the complaint is sealed by the ICC information is not readily available. If you ask the Judge(s) they will say you need to contact the state judiciary and when you contact the judiciary they will say they have no knowledge of what you are asking about. For obvious reasons they don’t want to be the ones putting this information out to the public or media. They’re playing the I know nothing game at this time and starting to circle the wagons.

  18. I can understand the part about the case being sealed and so there is no mention of it on the ICC website, but I’m confused about why Hawaii isn’t listed as a country or government that has acceded to the Rome Statute. Is that sealed as well? When will a highly visible international organization finally stand up and PUBLICLY state Hawaii’s status for US to view?

  19. Aloha Noelani, the ICC website does not have a list of countries that acceded to the Rome Statute, unless I somehow missed it. I believe the receipt of the accesion was produce somewhere earlier in this blog or it’s website. The arbitration award from the World Court is public record on Hawaii’s status. So are the protest and demand filings at the U.N. General assembly, U.N. Security Counsel, the ratification of the Geneva
    Convention, the HK complaint filed at the ICJ and soon the War Report. I can’t find anywhere in their procedures that these international venues have to provide a media release regarding the status of the HK.

    We all know that main stream media in the U.S. will not go there. However, maybe as this information becomes available to foreign nationals and they start to realize they are victims and seek redress through their own country’s gov’t it will be publicized in their countries media. After all HK subjects are not the only ones being victimized by this illegal occupation.

    • Mahalo for your reply Kekoa. There are places on ICC’s website that direct viewers to lists of countries in regards to the
      Rome Statute ( I think the last time I looked, the ICC website re-directed me to a UN website that listed all those countries that have acceded, ratified, etc.).
      I fully realize that there is no command in place to provide a media release, but that was far from what I was hoping for. While I appreciate all of the examples that you set forth; appreciate the monumental job that has been realized with each one of those cases, documents, etc., I’m only asking why Hawaii is not listed on the same lists with other countries who have acceded to or ratified the Geneva convention or the Rome Statute. One can not deny that to hear all of the items that you mention, offers a great sense of pride! Likewise, to see Hawaii listed alongside other countries (i.e., below Haiti) would fill people with a great sense of pride as well. I’m not asking about a press conference. I’m just asking why the Red Cross or ICC does not list ALL, including Hawaii, when they list those who have acceded to or ratified the Convention and Statute. In essence, their list is incorrect when they offer it, if it does not include everyone. I think? Right?
      Mahalo again for your reply! Aloha!

  20. Thank you for the reply. So it sounds like the process is to leave it to the ICC with no representation from the Kingdom. I thought that it was normal for the party filing the complaint to be at the trial. Sounds like the outcome is being left to chance. I can’t imagine this to happen but If the outcome is that a fair trial was given, then doesn’t this affect any challenges on property titles and snow ball into all current property titles are valid as documented today and reverse the idea that a kingdom still exists? A sealed trial provides too little information.

  21. Aloha Thomas, the ICC is not at the trial stage at this point. The participation by victims and witnesses are not yet needed. The ICC is for the prosecution of individuals not countries. The HK complaint at the ICJ is where the HK as a country made it’s complaints against the other countries and is the movant in that case. The HK gov’t ratified the rome statute for the protection of it’s subjects as individuals. The ICC’s prosecutors office handles the prosecution on behalf of the victims not the HK gov’t. The ICC website gives some reasons for the purpose of the complaint being sealed at the early stages. The trial will not be sealed. Hope this helps.

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