Swiss Federal Criminal Court Hears Case on War Crimes Committed by United States in Hawai‘i

PRESS RELEASE

FOR IMMEDIATE RELEASE

April 19, 2015

Swiss Federal Criminal Court to Hear Objection on War Crimes Committed by United States Officials and Deutsche Bank in the Hawaiian Islands

HONOLULU—A Swiss citizen and a Hawaiian subject from the Hawaiian Kingdom filed an objection with the Swiss Federal Criminal Court Objections Chamber in Bellinzona, Canton of Ticino, on April 1, 2015. The identity of the Hawaiian subject is Mr. Kale Kepekaio Gumapac, but the identity of the Swiss citizen is being kept confidential for safety reasons. Both appellants are residents of the Hawaiian Islands and are represented in these proceedings by Dr. David Keanu Sai through powers of attorney. Dr. Sai is a political scientist whose research and expertise centers on the continuity of the Hawaiian Kingdom as an independent and sovereign State.

“During the Spanish-American War in 1898, the United States has belligerently occupied the Hawaiian Kingdom being a neutral State,” says Dr. Sai. “As a result of the prolonged occupation of a neutral country, the United States is responsible for the commission of war crimes that have been committed for over a century on a monumental scale. The war crimes committed against the two appellants include pillaging, unfair trial, unlawful confinement and unlawful appropriation of property.”

The initial war crime complaint was filed with the Swiss Attorney General’s office in Bern on December 22, 2014 by Gumapac alleging war crimes have been committed against himself by Deutsche Bank for the pillaging of his home, whose Chief Executive Officer at the time was a Swiss citizen and resident of Zurich. Deutsche Bank’s pillaging of Gumapac’s home was carried out by State of Hawai‘i Deputy Sheriff Lieutenant Patrick Kawai, which also led to his unlawful arrest.

Click here to download war crimes report. The exhibits for Mr. Kale Gumapac identified in the war crimes report can be downloaded here: Exhibit #1, Exhibit #2, Exhibit #3, Exhibit #4, Exhibit #5, Exhibit #6, Exhibit #7, Exhibit #8, Exhibit #9-A, Exhibit #9-B, Exhibit #9-C.

The second complaint was filed with the Attorney General’s office on January 22, 2015 by the unnamed Swiss citizen alleging the war crimes of pillaging and unlawful appropriation of property under the guise of taxation that were committed against himself between 2006 and 2013 by the self-declared State of Hawai‘i and the United States Internal Revenue Service (IRS).

“The State of Hawai‘i has no lawful authority in the Hawaiian Islands because Congress created it by a Congressional law in 1959, which has no effect outside of U.S. territory.” said Dr. Sai. “It is also a direct successor of the provisional government of 1893 and the so-called Republic of Hawai‘i of 1894, both of which the United States determined were self-declared. So a self-declared entity is not a government that can lawfully tax people, and the IRS can only tax their own citizens who reside in a foreign country. It can’t tax the entire population of a foreign country. This is a war crime.”

The complaints were given criminal case number SV.15.0101-MUA and assigned to Federal Prosecutor Andreas Muller of the Center of Competence of International Crimes, an agency of the Office of the Attorney General that is empowered to prosecute war crimes.

Prosecutor Muller officially notified Dr. Sai in a letter dated February 3, 2015 that he completed his criminal investigation into the alleged war crimes and concluded there are no war crimes being committed in the Hawaiian Islands. Dr. Sai received the report (German) (English translation) on March 23, 2015. Both the Prosecutor’s notification and the report were in the German language. Prosecutor Muller stated to Dr. Sai that his decision could be appealed to the Swiss Criminal Court Objections Chamber within 10 days after receiving the report.

In his report, Prosecutor Muller specifically cites the 1898 Congressional joint resolution of annexation as the means by which the Hawaiian Islands was annexed. He also stated that there was an agreement of annexation between the United States and the self-declared Republic of Hawai‘i. Prosecutor Muller further stated that Congress created the State of Hawai‘i in 1959 and that Switzerland officially recognizes that Hawai‘i is a part of the United States and maintains a Consulate in Honolulu.

However, according to Dr. Sai, there is a clear contradiction in the Prosecutor’s report. In the beginning of the report, Prosecutor Muller stated that Hawai‘i was officially recognized as being a part of the United States, but later he stated that the 1864 treaty between the Hawaiian Kingdom and the Swiss Confederation was not cancelled. Article 13 of the treaty states that in order to terminate the treaty, either the Swiss government or the Hawaiian Kingdom government must notify the other in writing of its intention to terminate. There is no record that the Swiss government or the Hawaiian government provided any notice of termination.

“A treaty is a contract between States and in this case it is a contract between the Swiss State and the Hawaiian State,” said Dr. Sai. “A treaty is not a contract between governments because governments represent States and are not the States themselves. Should a government be illegally overthrown, as is the case for Hawai‘i, the contracting State, being the Hawaiian Kingdom, would still exist and therefore the treaty would still be in effect. When the Japanese and German governments were overthrown at the end of World War II, their treaties with other countries were not cancelled.”

Another way a treaty could be canceled under international law is where one of the contracting States ceded its sovereignty to another State by a treaty. This absorption of one of the contracting States into another State would have effectively replaced the former treaty with the treaty the absorbing State would have with the other contracting State. In other words, if the Hawaiian Kingdom were annexed by the United States under international law, then the United States-Swiss treaty would have replaced and therefore cancelled the Hawaiian-Swiss treaty. This is what occurred to the 1848 Hawaiian-Hamburg treaty and the 1854 Hawaiian-Bremen treaty when both of these States joined the German Empire in 1871. Both treaties were cancelled when Germany entered into a treaty with the Hawaiian Kingdom in 1879.

Dr. Sai said, “If the Prosecutor was convinced that a domestic law of the American Congress could annex a foreign State and terminate its existence under international law, he wouldn’t conclude in an official report that the Hawaiian-Swiss Treaty was not cancelled. He would have stated that the Hawaiian-Swiss treaty was cancelled and replaced by the United States-Swiss treaty. That was clearly not the case.”

Dr. Sai, who is a political scientist that specializes in international relations, said that it is proper diplomatic etiquette that governments must presume that other countries would not violate international law. This presumption, though, is rebuttable if there is convincing evidence that the country has violated international law. “So the Swiss government probably approached the American Embassy in the city of Bern and asked the United States how did it annex the Hawaiian Islands,” stated Dr. Sai. “And when the American government said they passed a law in Congress to annex Hawai‘i, the Swiss government would have to take it at face value and assume that under American law, Congress has the ability to annex a foreign country.”

Since Dr. Sai received the official report by the prosecutor on March 23, Swiss law would allow the objection to be mailed from Hawai‘i no later than April 2. FedEx received the appeal in Honolulu on April 1 from Dr. Sai, and on April 8 it was delivered to the Swiss Criminal Court Objections Chamber in the city of Bellinzona, Canton of Ticino. Dr. Sai received confirmation that the court is in receipt of the objection and the case has been assigned reference no. BB.2015.36-37 (German) (English translation).

In a letter (German) (English translation) dated April 9, 2015, the Clerk of the Federal Criminal Court notified the Federal Prosecutor that the court is in receipt of the objection and has requested the Prosecutor to furnish the Federal Criminal Court right away with the records in this matter with an index of the records.

“The appeal to the Swiss Criminal Court Objections Chamber is the perfect forum to provide the rebuttable evidence that the United States has violated international law,” said Dr. Sai. “Our appeal centers on four points: first, United States Congressional laws are not a source of international law and therefore cannot annex a foreign country; second, there is no agreement between the United States and the self-declared Republic of Hawai‘i; third, Switzerland acknowledges the continuity of the Hawaiian Kingdom as contracting State in the Hawaiian Swiss-Treaty; and, fourth, the United States cannot deny the existence of the Hawaiian Kingdom because a criminal court of the so-called State of Hawai‘i recognized the existence of the Hawaiian Kingdom by a ruling on evidence on March 5, 2015.”

###

CONTACT: Dr. David Keanu Sai
Phone: (808) 383-6100
Email: keanu.sai@gmail.com

13 thoughts on “Swiss Federal Criminal Court Hears Case on War Crimes Committed by United States in Hawai‘i

  1. In my view, the worst of the war crimes was the conscription of Hawaiian subjects into the American military, and consequent deaths of numerous people as a consequence. This was an immediate life and death matter for countless numbers of men so conscripted. I hope this is made part of the appeal as well.

    • Having the population of of the illegally occupied state serve in the illegal occupiers military is a war crime. Go back to the Home Page look to the right side and scroll to War Crimes and there you find a list of the war crimes that are being committed including the one you have mentioned.

      • Yes, I recall having seen it mentioned before, but did not see it mentioned in the current discussion. Therefore I brought it up as a reminder. Imua and onipa’a.

  2. TYPO – “The initial war crime complaint was filed with the Swiss Attorney General’s office in Bern on December 22, 2015” — what year complaint filed?? Mahalo Nui.

  3. Wow Andreas recognizes the illegal govt. Didn’t he watch the presentation? Hopefully the appellate court in Bellinzona sees it differently.

  4. Sounds like the prosecutor made the statement about the Swiss/Hawn Treaty to create grounds for an appeal inorder to pass this hot potato to an appeals Judge to make the call. At least he’s off the hook right.

  5. Aloha Jon, yes, the issue of conscription is a horrible one but I don’t think it can be part of the appeal. According to the war crimes statute it prosecutes individuals. The individuals named in the complaint did not commit the war crime of conscription. I’m not sure but I believe the issue of conscription as a class action will have to be settled at another venue between states. Although if you have people that are victims they could bring actions against those specific individuals that perpetrated the crime. First let’s see if we can get past the hurdle that was presented by the Swiss prosecutor. Let’s pray that Akua will be in the heart and mind of the presiding Judge. MHO

    • Much appreciated and understood, Kekoa. I read every one of these posts with interest, hoping that not all hopes are placed within the legal systems, but that folks will recognize the need to mobilize the non-Hawaiian population as well. For instance, nor more IRS with their elaborate maze of legalese jargon–just simple taxation plans that don’t require a lawyer to understand. Just for starters!

  6. Aloha Jon, I agree, all non-U.S. citizens should come to the realization they are being illegally taxed by the IRS and they could petition their gov’t for redress against the IRS and US just like the Swiss national mentioned in the complaint. These foreign states should also realize that they are victims also. They are being cheated out of revenues they are entitled to under their tax code that applies to their nationals earning income from abroad.

    • My point was that there can be fair and rational methods of taxation, but the present one is not only enormously biased in favor of the corporate elite, but incredibly convoluted, with instructions this year being over 100 pages! Time to dump the whole thing, and have what I call a REVEL-ution– the joyous dismantling of all oppressive structures. No need to tinker with the IRS as it is!

  7. IMUA, let’s first, set in stone the existence and sovereignty of the Hawaiian Nation, then reclaim all that was stolen. We are on the cusp of a great and monumental event. Let all of Hawaiian citizenry embrace and support this move. Mahalo Kale and Keanu for leading the way. Again, IMUA!

Leave a Reply to Hoku Cancel reply