Hawaiian Kingdom Complaint filed with U.N. Security Council against the United States regarding American occupation of the Hawaiian Islands

NEW YORK, 6 July 2001 — Thursday afternoon, July 5, the Agent for the Hawaiian Kingdom, H.E. David Keanu Sai, Acting Minister of Interior, filed with the Security Council at United Nations headquarters in New York a Complaint against the United States of America concerning the prolonged occupation of the Hawaiian Islands since the Spanish American War of 1898.

The Complaint was filed with the Security Council in accordance with Article 35(2) of the United Nations Charter, which provides, "a State which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purpose of the dispute, the obligations of pacific settlement provided in the present Charter."

The Hawaiian Kingdom has requested the Security Council, in accordance with Article 36(1) of the United Nations Charter, to investigate the Hawaiian Kingdom question, in particular, the merits of the complaint, and to recommend appropriate procedures or methods of adjustment.

In the complaint, the Hawaiian Kingdom begins with a preliminary statement concerning its independence by stating,

"This case arises out of the prolonged and illegal occupation of the entire territory of the Hawaiian Kingdom by the United States of America since the Spanish-American War of 1898, and the failure on the part of the United States of America to establish a direct system of administering the laws of the Hawaiian Kingdom. As will be described below [complaint], this action constitutes a fundamental breach of Hawaiian State sovereignty and the treaties entered between the Hawaiian Kingdom and the United States, as well as the 1907 Hague Regulations and international law.

The Hawaiian Kingdom acquired the recognition of its independence on December 19, 1842, by the United States of America; April 1, 1843, by the United Kingdom; and by joint proclamation between the United Kingdom and France on November 28, 1843. On May 16, 1854, the Hawaiian Kingdom declared itself a neutral State, and whose neutrality became a provision in divers treaties with other independent States. At the time of recognition of Hawaiian Independence, the Hawaiian Kingdom's government was a constitutional monarchy, and for the next fifty years, it would develop a complete system of laws, both civil and criminal, and have treaty relations of a most favored nation status with the major powers of the world, including the United States of America..."

Following these preliminary statements is a chronology of events that begins with the United States of America's illegal intervention into the civil affairs of the Hawaiian Kingdom in January of 1893, and its ultimate illegal and prolonged occupation of teh Hawaiian Islands since the Spanish American War of 1898.

Regarding the illegal occupation of the Hawaiian Islands, the Complaint states,

"Under the international laws of occupation, more particularly Article 43 of the 1907 Hague Convention IV, the occupying government must establish a system of direct administration of the laws of the country that it's occupying. In other words, the United States government, as an illegally occupying government in the Hawaiian Islands since its unprovoked incursion by its troops on August 13, 1898, was mandated to administer Hawaiian Kingdom law over the territory and not its own, until they withdraw. This is not a mere descriptive assumption by the occupying government, but rather it is the law of occupation.

Instead of establishing a system toÊadminister Hawaiian Kingdom law in 1898, the United States, by its Congress in 1900, created a puppet government. This government, called the Territorial Government of the Hawaiian Islands, would enforce American law throughout the Hawaiian Kingdom. United States President William McKinley appointed the most heinous criminal in the Kingdom, Sanford B. Dole its first governor. Sanford B. Dole, a traitor to the Kingdom, was given authority by a United States President to punish and even put to death any Hawaiian subject or loyalist to the Kingdom who would threaten his so-called authority. United States military bases sprang up throughout the islands and together with the Territorial Government they imposed their rule over Hawaiian nationals. Having lost control over its ports of entry, American citizens unknowingly flocked to the Hawaiian Islands under the false impression that it was lawfully annexed, and soon overwhelmed the population of Hawaiian nationals."

The complaint also outlines the fraud committed by the United States of America before the United Nations when it reported Hawai'i as one of its colonies. The Complaint explains,

"In 1945, the United Nations was created with the United States as one of its charter members. According to its Charter, the United Nations would promote the protection of human rights and establish a process of de-colonization for the people who have not yet attained independence as a nation. United Nations General Assembly Resolution 1514 provides that '...all peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.'

In accordance with Article 73(e) of the United Nations Charter, member States who had colonial possessions were required to report yearly to the Secretary General the status of their colonies in relation to self-determination. It was at this point that the United States committed fraud before this international organization by fraudulently reporting the Hawaiian Islands as a U.S. colony along with Alaska, America Samoa, Guam, Panama Canal Zone, Puerto Rico and the Virgin Islands. The underlying problem here was that the Hawaiian Kingdom had already achieved independence for the Hawaiian Islands since 1842, and the United States and other members of the Community of States also recognized this independence. Independence, at the time, could not be claimed for the territories of Alaska, American Samoa, Guam, Panama Canal Zone, Puerto Rico nor the Virgin Islands.

This attempt to mask the American occupation of the Hawaiian Kingdom is what forged the creation of the Puppet State of Hawai'i in 1959. In 1959, the American Ambassador to the United Nations reported to the Secretary General that '...since 1946, the United States has transmitted annually to the Secretary General information on the Territory of Hawai'i pursuant to Article 73(e) of the Charter. However, on August 21, 1959 Hawai'i became one of the United States under a new constitution taking effect on that date. In the light of this change in the constitutional position and status of Hawai'i, the United States Government considers it no longer necessary or appropriate to continue to transmit information on Hawai'i under Article 73(e).'

In regard to the continuity of Statehood during occupation Professor Marek, author of Identity and Continuity of State in Public International Law, (1968) states,

'Since the law relating to the continuity of the occupied State is clear and unequivocal, any acts of the occupying power which are not in accordance therewith are clear violations of international law,' and '...a disguised annexation aimed at destroying the independence of the occupied State, represents a clear violation of the rule preserving the continuity of the occupied State.'"

The Complaint and attachments can be viewed on the Internet at:

http://www.HawaiianKingdom.org/united-nations.shtml