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Investigating War Crimes Human Rights Violations Committed THE ROYAL COMMISSION OF INQUIRY: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom Edited by Dr. David Keanu Sai HEAD, ROYAL COMMISSION OF INQUIRY 1 THE ROYAL COMMISSION OF INQUIRY: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom Edited by Dr. David Keanu Sai HEAD, ROYAL COMMISSION OF INQUIRY JANUARY 2020 HAWAIIAN KINGDOM MINISTRY OF THE INTERIOR Hawaiian Kingdom P.O. Box 2194 Honolulu, HI 96805-2194 ©Royal Commission of Inquiry 2020 Crown copyright material is reproduced under the 1864 Act to Encourage Learning in this Kingdom, by Securing the Copies of Charts, Maps and Books, to the Authors and Proprietors of such Copies This publication is in copyright. No reproduction of any part may take place without the written permission of the Ministry of the Interior. ISBN- 978-1-7923-3174-9 eBook ISBN- 978-1-7923-3175-6 paperback ISBN- 978-1-7923-3176-3 hardback Dedicated to Her late Majesty Queen Lili‘uokalani (1838-1917) “Oh, honest Americans, as Christians, hear me for my down-trodden people! Their form of government is as dear to them as yours is precious to you. Quite as warmly as you love your country, so they love theirs. With all your goodly possessions, covering a territory so immense that there yet remain parts unexplored, possessing islands that, although near at hand, had to be neutral ground in time of war, do not covet the vineyard of Naboth’s so far from your shores, lest the punishment of Ahab fall upon you, if not in your day in that of your children, for ‘be not deceived, God is not mocked.’” —Lili‘uokalani, Hawai‘i’s Story by Hawai‘i’s Queen 373 (1898). CONTENTS—SUMMARY PART I: INVESTIGATING WAR CRIMES AND HUMAN RIGHTS VIOLATIONS COMMITTED IN THE HAWAIIAN KINGDOM 7 Proclamation Establishing the Royal Commission of Inquiry 8 The Royal Commission of Inquiry 11 PART II: THE PROLONGED OCCUPATION OF THE HAWAIIAN KINGDOM 53 Information about the Authors 55 Hawaiian Constitutional Governance—Dr. David Keanu Sai 57 United States Belligerent Occupation of the Hawaiian Kingdom— Dr. David Keanu Sai 97 Continuity of the Hawaiian Kingdom as a State under International Law—Professor Matthew Craven 125 War Crimes Related to the United States Belligerent Occupation of the Hawaiian Kingdom—Professor William Schabas 151 International Human Rights Law and Self-Determination of Peoples Related to the United States Occupation of the Hawaiian Kingdom—Professor Federico Lenzerini 173 PART III: HAWAIIAN LAW, TREATIES WITH FOREIGN STATES AND INTERNATIONAL HUMANITARIAN LAW 217 Hawaiian Law 218 Constitution (1864) 219 Proclamation of Restored Monarchical Government (1997) 227 Proclamation of Provisional Laws for the Realm (2014) 229 Proclamation Recognizing the State of Hawai‘i and County Governments (2019) 233 Proclamation of Appointment of Minister of Foreign Affairs ad interim (2019) 235 Treaty with Foreign States 236 Treaty with Austria-Hungary (1875) 237 Treaty with Belgium (1862) 241 Treaty with Bremen (1851) 247 Treaty with Britain (1851) 249 Treaty with Denmark (1846) 255 Treaty with France (1857) 257 Treaty with Germany (1879) 265 Treaty with Hamburg (1848) 273 Treaty with Italy (1863) 275 Treaty with Japan (1871) 281 Treaty with the Netherlands and Luxembourg (1862) 283 Treaty with Portugal (1882) 285 Treaty with Russia (1869) 287 Treaty with Samoa (1887) 288 Treaty with Spain (1863) 290 Treaty with Sweden-Norway (1852) 296 Treaty with Switzerland (1864) 301 Treaty with the United States of America (1849) 305 International Humanitarian Law 311 Hague Convention (IV) Respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land (1907) 312 Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War (1949) 322 Table of Cases 365 Select Bibliography 370 INVESTIGATING WAR CRIMES AND HUMAN RIGHTS VIOLATIONS COMMITTED IN THE HAWAIIAN KINGDOM PART I INVESTIGATING WAR CRIMES AND HUMAN RIGHTS VIOLATIONS COMMITTED IN THE HAWAIIAN KINGDOM 7 PROCLAMATION By virtue of the prerogative of the Crown provisionally vested in us in accordance with Article 33 of the 1864 Constitution, and to ensure a full and thorough investigation into the viola- tions of international humanitarian law and human rights within the territorial jurisdiction of the Hawaiian Kingdom, it is hereby ordered as follows: Article 1 Head of the Royal Commission of Inquiry and terms of the investigation His Excellency David Keanu Sai, Ph.D., Acting Minister of the Interior and Chairman of the Council of Regency, because of his recognized expertise in international relations and public law, is hereby appointed head of the Royal Commission of Inquiry, hereinafter “Royal Com- mission,” on the consequences of the belligerent occupation of the Hawaiian Kingdom by the United States of America since January 17, 1893. The purpose of the Royal Commission shall be to investigate the consequences of the United States’ belligerent occupation, including with regard to international law, humanitarian law and human rights, and the allegations of war crimes committed in that context. The geograph- ical scope and time span of the investigation will be sufficiently broad and be determined by the head of the Royal Commission. The results of the investigation will be presented to the Council of Regency, the Contracting Powers of the 1907 Hague Convention, IV, respecting the Laws and Customs of War on Land, the Contracting Powers of the 1949 Geneva Convention, IV, relative to the Protection of Ci- vilian Persons in Time of War, the Contracting Powers of the 2002 Rome Statute, the United Nations, the International Committee of the Red Cross, and the National Lawyers Guild in the form of a report. The head of the Royal Commission shall be responsible for the implementation of the inquiry. He shall determine, with complete independence, the procedures and working methods of the inquiry, and the content of the report referred to in paragraph 3. The head of the Royal Commission shall take the following oath: “The undersigned, a Hawaiian subject, being duly sworn, upon his oath, declares that as head of the Royal Commission of Inquiry duly constituted on April 17, 2019, I will act correctly, truly and faithfully, and without favor to or prejudice against anyone.” Article 2 Financing All costs incurred by the Royal Commission shall be borne by the Hawaiian Government, by its Council of Regency, and that the latter has granted on this day $15,000.00 (USD) for initial expenditures of the Royal Commission. The management of the expenditures of the Royal Commission shall be subject to contracts between the head of the Royal Commission and the Acting Minister of Finance. The head of the Royal Commission shall be accountable to theActing Minister of Finance for all expenditures. 8 Article 3 Composition of the Royal Commission of Inquiry The composition of the Royal Commission shall be decided by the head and shall be com- prised of recognized experts in various fields. Article 4 Entry into effect and expiration This decision shall take effect on the day of its adoption and shall expire on the day that the head is satisfied that the mandate of the Royal Commission has been completed. In Witness Whereof, We have hereunto set our hand, and caused the Great [seal] Seal of the Kingdom to be affixed this 17th day of April A.D. 2019. [signed] David Keanu Sai, Ph.D. Chairman of the Council of Regency Acting Minister of the Interior Peter Umialiloa Sai, deceased Acting Minister of Foreign Affairs [signed] Kau‘i P. Sai-Dudoit, Acting Minister of Finance [signed] Dexter Ke‘eaumoku Ka‘iama, Esq., Acting Attorney General 9 10 THE ROYAL COMMISSION OF INQUIRY Dr. David Keanu Sai Head, Hawaiian Royal Commission of Inquiry Introduction 12 From a State of Peace to a State of War 14 Jus Cogens—War Crimes and their Prosecution under Universal Jurisdiction 15 The Restoration of the Hawaiian Kingdom Government 18 Doctrine of Necessity and the Constitutional Order of the State 22 Lance Larsen v. Hawaiian Kingdom—Permanent Court of Arbitration 24 Recognition of the Hawaiian Kingdom as a State by the Permanent Court of Arbitration 24 United States Invited to Join in the Arbitration 25 Arbitral Proceedings under the Auspices of the Permanent Court of Arbitration 27 Meeting with the Rwandan Government in Brussels 28 Exposure of the Hawaiian Kingdom through the Medium of Academic Research 29 Director of Russia’s PIR-CENTER Acknowledges Illegal Annexation by the United States 33 United Nations Independent Expert Dr. Alfred deZayas on Hawai‘i 33 Rights of Protected Persons under International Humanitarian Law 35 The State of Hawai‘i and its Counties are a Private Armed Force 37 State of Hawai‘i v. Lorenzo—The Case that Brought Down the State of Hawai‘i 38 Sai v. Trump—Petition for Writ of Mandamus 40 State of Hawai‘i Official Reports War Crimes 42 National Lawyers Guild Calls Upon the United States to Immediately Comply with International Humanitarian Law in its Illegal Occupation of the Hawaiian Islands 44 Unlawful Presence of Foreign Consulates 45 Recognition of the State of Hawai‘i and its Counties as Governments under International Law 46 List of War Crimes Under Customary Law Committed in the Hawaiian Kingdom 49 Conclusion: Royal Commission of Inquiry 51 THE ROYAL COMMISSION OF INQUIRY Dr. David Keanu Sai Head, Royal Commission of Inquiry Introduction On 16 January 1893, under orders by U.S. Minister John Stevens, the city of Honolulu was invaded by a detachment of U.S. troops
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