Due to the war crimes that continue to be committed with impunity by the State of Hawai‘i, an illegal regime, against innocent civilians, the acting government of the Hawaiian Kingdom has temporarily refrained from pursuing its proceedings at the International Court of Justice and has decided to focus its attention to secure a Protecting Power pursuant to the Fourth Geneva Convention (GCIV) and the Additional Protocol I (API). A Protecting Power is a State that ensures compliance of the Hawaiian Kingdom and the United States to the provisions of the GCIV and API, with particular focus on the protection of civilians.
As a State Party to the GCIV and AP, article 5(1) of the API, states, “It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs.” And according to article 5(3) of the API, if a Protecting Power has not been designated, “the International Committee of the Red Cross…shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent.”
On December 18, 2013, at its headquarters in Geneva, Switzerland, the International Committee of the Red Cross (ICRC) was formally requested to assist the Hawaiian Kingdom in securing a Protecting Power in accordance with the GCIV and API. In this pursuit, the acting government has been in the process of securing a meeting with the Swiss government in order to formally request that it be a Protecting Power and to work with the ICRC. The Swiss government has a long history of serving as a mediator to international conflicts and did serve as a protecting power in the past. A meeting was secured on March 26, 2014, and the Swiss Federal Department of Foreign Affairs’ Directorate of International Law in Bern, Switzerland, received the acting government’s Envoy Extraordinary and Minister Plenipotentiary. Negotiations to secure Switzerland as a Protecting Power for the illegal and prolonged occupation of the Hawaiian Kingdom have begun.