{"id":3320,"date":"2015-09-11T05:38:29","date_gmt":"2015-09-11T05:38:29","guid":{"rendered":"http:\/\/hawaiiankingdom.org\/blog\/?p=3320"},"modified":"2015-09-11T09:28:20","modified_gmt":"2015-09-11T09:28:20","slug":"royal-canada-responds-to-war-crime-complaint-and-japanese-consulate-receives-a-war-crime-complaint-against-tmt","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/royal-canada-responds-to-war-crime-complaint-and-japanese-consulate-receives-a-war-crime-complaint-against-tmt\/","title":{"rendered":"Canada Responds to War Crime Complaint and Japanese Consulate receives War Crime Complaint against TMT"},"content":{"rendered":"

Royal Canadian Mounted Police Responds to War Crime Complaint by Protector of Mauna Kea and Japanese Consulate Receives War Crime Complaint against TMT<\/strong><\/p>\n

HONOLULU (Sep. 11, 2015) \u2013 In a letter dated July 7, 2015, attorney Dexter Kaiama was notified by the Superintendent of the Sensitive and International Investigations National Division of the Royal Canadian Mounted Police (RCMP) that their Department of Justice\u2019s War Crime Program had reviewed the evidence of war crimes alleged to have been committed on the summit of Mauna Kea. The RCMP concluded, at that time, it did not have \u201cjurisdiction over the issues brought forward based on the requirements of section 8 of the Crimes Against Humanity and War Crimes act.\u201d<\/p>\n

Section 8 states the RCMP would have jurisdiction if the alleged perpetrator \u201cwas a Canadian citizen or was employed by Canada in a civilian or military capacity [section 8(a)(i)];\u201d or if the alleged victim \u201cwas a Canadian citizen [section 8(a)(iii)].\u201d The July 7, 2015 RCMP response did not refuse jurisdiction on grounds that there is no armed conflict and that Hawai\u2018i is a part of the United States.<\/p>\n

On May 13, 2015, Kaho\u2019okahi Kanuha, who was accompanied by Dr. Keanu Sai, Ph.D., filed a war crime complaint with the RCMP in Ottawa, Canada. On behalf of his client, Attorney Kaiama drafted the complaint for Mr. Kanuha and Dr. Sai provided a report on the status of Hawai\u2018i as an independent and sovereign state under international law that has been under an illegal and prolonged occupation by the United States. The war crimes that were reported were destruction of property, unlawful confinement, and denial of a fair and regular trial.<\/p>\n

On August 12, 2015, Mr. Kaiama submitted a response to the RCMP, where he stated, \u201cWhile my client is not a Canadian citizen, the alleged perpetrators of war crimes committed against him stemming from the unlawful arrest and confinement of his person on the summit of Mauna Kea does fulfill the requirement under section 8(a)(i). This section provides that persons outside of Canada may be prosecuted for war crimes if they were \u2018employed by Canada in a civilian or military capacity.\u2019\u201d<\/p>\n

The August 12, 2015 response provided that \u201cTMT hired the Honolulu based law firm Watanabe Ing LLP to represent them in Hawai\u2018i and is primarily responsible for the war crimes committed against my client by orchestrating and ordering the unlawful detainment carried out by State of Hawai\u2018i enforcement officers,\u201d and that \u201cJames Douglas Ing is the primary attorney in charge of TMT matters on the summit of Mauna Kea.\u201d The submitted response also identified others employed in a civilian capacity by the Canadian component of TMT, \u201cthe CEO and President of Goodfellow Bros, Inc., J. Stephen Goodfellow, and Chad Goodfellow, respectively, who was hired as the primary contractor for construction of the telescope on the summit of Mauna Kea. Other civilians included are the employees of Goodfellow, Inc.\u201d<\/p>\n

In his response, Mr. Kaiama also identified additional perpetrators meeting the requirements of Section 8 of the Canadian Crimes Against Humanity and War Crimes Act including those \u201cindividuals operating in a military capacity, and by direction of Douglas Ing in a civilian capacity, include, State of Hawai\u2018i armed force Governor David Ige, Attorney General Doug Chin, Deputy Attorney Generals Linda Chow and Julie China, and Director of the Department of Land and Natural Resources Suzanne D. Case, Hawai\u2018i County Police Officer Captain Richard Sherlock, Lieutenant DareenHorio, Supervising Officer Nelson Acob, Reporting Officer James Pacheco, and arresting Officer Kelsey K. Kobayashi.\u201d<\/p>\n

On August 24, 2015 Martin Bedard, Inspector in Charge of the War Crimes Section in Ottowa, confirmed receipt of Mr. Kaiama\u2019s August 12, 2015 response \u201ccontaining additional allegations\u201d and that the Section is would be (\u201care and will be\u201d) considering the additional allegations contained in said response.<\/p>\n

Attorney Kaiama, representing Mr. Kanuha (and additional presently unnamed victims), also filed a complaint with the Japanese Consul General in Honolulu, Hawai\u2019i on August 14, 2015 to report the violation of international laws in the unlawful detention and deprivation his clients rights to a fair and regular trial, and the destruction of public property during occupation carried out by TMT International Observatory, LLC, (TMTIO) upon the summit of Mauna a Wakea.<\/p>\n

Through the filed Complaint, the Japanese Consul General was apprised of: (a) the comprehensive analysis of the international armed conflicts between the Hawaiian Kingdom and the United States from January 16, 1893 to April 1, 1893 and the current armed conflict since August 12, 1898; (b) Japan\u2019s partnership in TMTIO through the Natural Institutes of Natural Sciences (NINS); (c) the destruction of public property during occupation upon the summit of Mauna a Wakea, beginning in 1970, and including Japan\u2019s Subaru Telescope built in 1999; and (d) identification of the war crimes committed, and perpetrators of the reported violations.<\/p>\n

The Complaint filed with the Japanese Consul General invoked Japan\u2019s obligations to investigate the reported violations and initiate criminal proceedings under Article IV of the 1871 Hawaiian-Japanese Treaty which provides:<\/p>\n

\u201cIt is hereby stipulated that the Hawaiian Government and its subjects, upon terms and conditions, will be allowed free and equal participation in all privileges, immunities and advantages that may have been or may hereafter be granted by His Majesty the Tenno of Japan, to the Government, citizens or subjects of any other nation.\u201d<\/em><\/p>\n

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