Why the State of Hawai‘i Adjutant General has the Authority and Duty to Establish a Military Government for Hawai‘i

After securing Phase I of the of the Council of Regency’s strategic plan where in 1999 the Permanent Court of Arbitration, in Larsen v. Hawaiian Kingdom, “verified the Hawaiian Kingdom as independent State and subject of international law,” Phase II was initiated in order to expose “Hawaiian Statehood within the framework of international law and the laws of occupation as it affects the realm of politics and economics at both the international and domestic levels.” This exposure has brought out many aspects of international law and the law of occupation that many have only heard for the first time.

There are terms such as international humanitarian law, which the military throughout the world refers to as the law of armed conflict. The rule that distinguishes between a State and its government. The difference between military occupation of a State and the colonization of territory that is not a State. Adding to this list of new terms and principles include Army doctrine and regulations that apply to military occupation of foreign territory.

In the case of Hawai‘i, we are dealing with role of the Adjutant General of the Army and Air National Guard. Under federal and State law, the National Guard can serve two commanders in chief but not at the same time. According to Article II, section 2 of the U.S. Constitution, the President becomes the commander in chief of the National Guard “when called into the actual Service of the United States.” Until that time, the commander in chief of the National Guard is the Governor of the State.

When the National Guard is called to State active duty, not federal active duty, the Governor is the commander and chief and has command and control. Under him is the Adjutant General that has command and control of the forces that have been activated. This is what occurred when certain units of the Army and Air National Guard were activated in 1992 when Hurricane Iniki devastated the island of Kaua‘i. Governor John Waihe‘e was the commander in chief and Brigadier General Edward Richardson was the Adjutant General.

When units of the Hawai‘i Army and Air National Guard were called to federal active duty for deployment to Iraq during Second Gulf War in 2003, the commander in chief changed from State of Hawai‘i Governor Linda Lingle to President George W. Bush.

As an occupied State, these American laws do not apply in the Hawai‘i situation. The unlawful imposition of these laws constitutes the war crime of usurpation of sovereignty during military occupation. Unlike the other 49 Governors of States in the federal Union, their authorities derive from these American laws that include both federal and State laws.

Because the State of Hawai‘i is outside of the borders of the United States, and as such is foreign territory, the authority of the State of Hawai‘i to include its Governor is stripped. What allows the State of Hawai‘i to exist, however, is international humanitarian law and the law of occupation. Under these laws, the State of Hawai‘i is a civilian armed force acting for the United States as an occupying State, which has effective control of 94% of the territory of the Hawaiian Kingdom. The federal government only has effective control of less that 6% of the territory.

The decision to establish a military government in foreign territory is not with the U.S. President as commander in chief but rather with the most senior commander of the armed forces in foreign territory that has come under effective control by the occupying force. According to section 3 of FM 27-5, Civil Affairs Military Government, the theater commander over the territory to come under military occupation bears full responsibility for establishing a military government.

That person is a general officer and designated as military governor and is authorized to delegate his authority and title, in whole or in part, to a subordinate commander. “In occupied territory the commander, by virtue of his position, has supreme legislative, executive, and judicial authority, limited only by the laws and customs of war and by directives from higher authority.” So under Army doctrine, it is never the President of the United States to establish a military government but rather the most senior military commander in the occupied territory.

Section 4 of FM 27-5 also states that the reasons for establishing a military government “are either military necessity as a right, or as an obligation under international law.” And since military occupation “suspends the operation of the government of the occupied territory, the obligation arises under international law for the occupying force to exercise the functions of civil government looking toward the restoration of maintenance of public order.”

In this situation, it is the State of Hawai‘i Adjutant General that has the responsibility and duty to establish a military government for Hawai‘i under international law. This is a command decision to be made by the Adjutant General who is the most senior Army commander in the occupied territory of Hawai‘i.

22 thoughts on “Why the State of Hawai‘i Adjutant General has the Authority and Duty to Establish a Military Government for Hawai‘i

  1. In all respect, General Edward Richardson, the Adjutant General, for the State of Hawaii, designated, as a military governor and is authorized to delegate authority and title, by international humantarian law and military occupation”, should live-up to TRUTH and JUSTICE, `ONIPAA…. Ohana Kupau, Pukuilua-Hana.

  2. Looking into it, I believe the Adjutant General for the State of Hawaii, Department of Defense is Major General Kenneth S. Hara. Interestingly, his immediate family has served the Hawaii Army National Guard for 180 years, if I’m not mistaken, this means his family served our Kingdom since we’ve had a Kingdom to serve, well before the illegal overthrow. This also means he’s a Hawaiian Subject… I hope he listens to the whispers of his kūpuna as they guide him to do right by his Kingdom, his people and the law.

    Assuming the Adjutant General does in fact create a military government, is
    there any sort of legal conflict of interest we need to worry about if the military governor of the occupying force (in our case Adjutant General Kenneth Hara) is a subject of the occupied state? That HAS to be unprecedented, no?! A military government for an occupying force, governed by a citizen of the occupied state. 🤯

    • Intriguing point. I served with Hara back when he was a Major for 4 years in the Guard (487th/29th). We worked together directly on the Region 9 Federal Response Command and Control Team under the National Incident Management System before Ige pushed the button. He is a great leader.
      I actually thought he retired by now but if not it must be soon. So I wonder how retirement might effect his decision cause it’s certainly not an easy one for sure. The dynamics of his decision are incredible!
      Knowing that the Hawaii Army National Guard HIARNG is going to be the military government however is a relief. In the back of my mind, I’m considering re-enlisting just for the cause but I might be too old. Still, who doesn’t want to serve to deoccupy our Hawaiian Kingdom. Plus it would be nice to see my fellow comrades. Furthermore, HIARNG is an occupation force I can trust.

      • Yah, I was wondering if he would try to vacate the position, so it’s funny that you mentioned retirement, but from my understanding that won’t protect him from liability, because I’m assuming he holds liability the second he is made aware of the situation… assuming of course that he has been made aware at this point.

        Do you have any insight, having served with him, as to how you think he’ll handle this? It’s hard to tell. While his family DID serve our Kingdom, they seem to have happily transitioned into a proud US military family at this point and Hara served many of his years in the states, so he has a lot of ties to the states, it’s hard to say… I suppose it comes down to integrity at the end of the day, right?! Oh to be a fly on the wall.

        Oh, also, as far as enlisting in the National guard, I don’t believe there’s age restrictions if you have prior military service, aside from “Be able to complete 20 years of total combined service by age 60.”… there IS however a requirement that you must be a United States citizens…. sooooooo 🤔hmmmm… the full list of requirements can be found on the DOD Hawai’i website, if you’re interested. That brings new questions as far as Hara though… if he’s a Hawaiian Subject can he be discharged from his position? I know the US allows for dual citizenship, but The Hawaiian Kingdom does not, right, so would he have to choose? How does that work? Or is it simply that our Kingdom doesn’t recognize the other citizenships, even though the individual does… I would hope that gets changed to where people have to choose & relinquish other citizenships, otherwise it’s creating an environment prime for betrayal, as we saw with the insurgents of our Kingdom.

  3. I served Under General Hara’s Father as a National Guard enlistee in Hilo back in the early 70’s, I’m sure he’s aware of the Situation with the Restoration of the Hawaiian Kingdom Government and I’m asking my fellow Hawaiian Kingdom Veterans to Step Up and let’s give General Hara Our Warriors Support,100 Hundred Plus Years of Suppression and still at War with the USA,Let’s Wake Up,Mahalo Nui.

  4. With Countless and Meaningful Respect, through the many Amazement(s) of Our Past til the PRESENT moment, the Memorable LOVE– ALOHA, was/is FULL circle which STILL lingers on today, (as being a HA;AHA’A–humble people, have Endured). OUR ancestors of the past til the present moment have stood, `ONIPA’A– Strong. As Hawaiian Subject, aboriginal, born in (OR) or other ethnic group from this country), the HAWAIIAN KINGDOM, be DILIGANT/ VIGILANT and BE `ONIPA’A -STRONG! It’s Never Too Late!
    Today, WE, have the time to Learn Our HAWAIIAN KINGDOM HISTORY, ho’omanawanui, TRUTH and JUSTICE, will bring clarity and knowledge will-make-you-see-to move FORWARD. It’s OUR Responsibility, STOP, making Excuses! Mahalo a Nui Loa! The Kupau Family from Pukuilua, Hana, Maui 2023

  5. I’m hearing some talk of Hawaiians at the UN, just wondering if you’re there right now Dr. Sai & if yes, how’s that going? If not, what’s your thoughts on it?

    • That’s Leon (Foreign Minister, Ke Aupuni o Hawaii) along with the Decolonization Alliance trying to trigger a review (by the Gen. Assembly) of UN resolution 1469, I believe, which overlooked the USA’s governments fraudulent misrepresentation of the nature and cause of the Hawaiian Islands being non-self governing as well as violations of the UN Charter with regards to decolonization or statehood plebiscite exposing the US gov. racial discrimination (CERD) and human rights (HRC/) violations towards the permanent population of the Hawaiian Kingdom.

          • Unlike all Hawaiians acting as Federal US citizens and accepting privileges and benefits prescribed by Congress under Art.1, Sec. 8, clause 17 within their federally legislated democracy.

          • Lopaka, all the Hawaiians you claim that are acting as U.S. Federal Citizens have a legal defense for Treason. Individuals intentionally claiming to have established an acting Hawaiian gov’t without following Hawaiian Kingdom law do not.

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