This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.

By Scott Crawford, Hana, Maui


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Hawaiian Kingdom accedes to ICC

For Immediate Release – December 10, 2012
Contact: David Keanu Sai, Ph.D.
Telephone:  (808) 383-6100

Hawaiian Kingdom Deposits Instrument of Accession to the Jurisdiction of the International Criminal Court with the United Nations Secretary-General in New York

NEW YORK, December 10, 2012 — This afternoon the Ambassador-at-large and Agent for the acting Government of the Hawaiian Kingdom, H.E. David Keanu Sai, Ph.D., filed with the United Nations Secretary General in New York an instrument of accession acceding to the jurisdiction of the International Criminal Court (ICC). The ICC is a permanent and independent tribunal in The Hague, Netherlands, that prosecutes individuals for genocide, crimes against humanity and war crimes. The ICC only prosecutes individuals and not States.

The instrument of accession was deposited with the United Nations Secretary-General in accordance with Article 125(3) of the ICC Rome Statute, which provides, “This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.” The instrument of accession was received and acknowledged by the United Nations Treaty Section, Office of Legal Affairs, at 380 Madison Avenue, New York.

By acceeding to the ICC Rome Statute, the Hawaiian Kingdom, as a State, accepted the exercise of the ICC’s jurisdiction over war crimes committed within its territory by its own nationals as well as war crimes committed by nationals of States that are not State Parties to the ICC Rome Statute, such as the United States of America. According to Article 13 of the ICC Rome Statute, the Court may exercise its jurisdiction if a situation is referred to the ICC’s Prosecutor by the Hawaiian Kingdom who is now a State Party by accession.

The current situation in the Hawaiian Islands 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 on August 12, 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. The United States disguised its occupation of the Hawaiian Kingdom as if a treaty of cession annexed the Hawaiian Islands. There is no treaty.

On August 10, 2012 a Protest and Demand of the prolonged occupation of the Hawaiian Kingdom, being a non-Member State of the United Nations, was deposited with the President of the United Nations General Assembly pursuant to Article 35(2) of the United Nations Charter. The Protest and Demand was acknowledged and received by Mrs. Hanifa Mezoui, Ph.D., Special Coordinator, Third Committee and Civil Society, Office of the President of the Sixty-Sixth Session of the General Assembly.

Individuals of the State of Hawai‘i government who have committed a war crime have been reported to the United States Pacific Command and the United Nations Human Rights Commission in Geneva, Switzerland, for deliberately denying a fair and regular trial to Defendants, irrespective of nationality, and with the Hawaiian Kingdom’s accession to the jurisdiction of the ICC, these alleged war criminals will now come under the prosecutorial authority of the Prosecutor of the ICC.

Regarding the occupation of Hawaiian territory, the ICC is authorized under the Rome Statute to prosecute individuals for:

•   war crime of destruction and appropriation of property;
•   war crime of denying a fair trial;
•   war crime of unlawful deportation and transfer of persons to another State;
•   war crime of unlawful confinement;
•   the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies;
•   war crime of destroying protected objects dedicated to religion, education, art, science or charitable purposes, historic monuments;
•   war crime of destroying or seizing the property of the Occupied State;
•   war crime of compelling participation in military operations;
•   war crime of outrages upon personal dignity;
•   war crime of displacing civilians.

H.E. David Keanu Sai, Ph.D. represented the acting Government of the Hawaiian Kingdom in arbitral proceedings before the Permanent Court of Arbitration, Larsen v. Hawaiian Kingdom, (119 International Law Reports 566), at The Hague, Netherlands, and also did an interview with South-South News, a news agencey of the United Nations, regarding the prolonged occupation of the Hawaiian Kingdom.


14 comments to Hawaiian Kingdom accedes to ICC

  • manaunui

    Hopes that this will help all the disinfranchised kanakamaole to recover what has been taken away. And to correct the wrongs of the united states of america for what they have done to the kanakamaole people. We support this action 100% and stand with Doctor Keanu Sai on this matter. 2000 strong! mahalo

  • maltbie

    Mahalo for your endevors in the international arena. The Napoleon Ohana supports your position as we prepare ourselves for our future. mahalo

  • kekoa

    Brilliant move by Dr. Sai on behalf of the Kingdom. This will be a useful tool for all people living in the occupied territory. According to the rules of the ICC once a state files the accession document, jurisdiction of the court will begin on the first monday after 60 days, which I believe would be March 5, 2013. Sorry to sound negative but everyone, especially Hawaiian Nationals should read and understand what this means. The court does not discriminate,it will investigate and prosecute even Hawaiian Nationals that committ war crimes. This is very serious so everyone learn what constitutes a war crime and don’t committ one.

  • Hey Maltbie, long time no see, hope all is well with you and your ‘ohana. -scott

  • maltbie

    Aloha Scott! Hope you are all well also!
    Happy Holidays!

  • I’m wondering how this item works out: “the transfer, directly or indirectly by the Occupying Power of parts of its own civilian population into the territory it occupies” if the ICC is empowered to prosecute only individuals, while mention is here made of the Occupying Power itself.

  • kekoa

    Aloha Keahi, what you mentioned is a war crime committed by a state. The ICC only deals with individuals. However, if an individual who is a government offical committed the crime it will take into account the persons chain of command.

  • Mahalo Kekoa. The ICC authority has multiple ramifications, I see. Good to ask good questions. Aloha kakou, acting Gov. of the Hawaiian Kingdom. Keep pressing forward.

  • Win808

    I wonder if diplomatic immunity will be an issue with certain U.S. leaders?

    I wonder if other cases will also be considered? Shackley Raffetto, retired Second
    Circuit Court Judge, should not be left off this naughty list along with Akaka,
    Abercrombie, Lingle, Cayetano, Waihee, and a whole lot more!

    Isn’t it funny how the U.S. choses not to be a part of the Roman Statute.

    It looks like Inouye found his exit! Just saying!

    One day at a time!
    120 years of hewa on January 17, 2013

  • kekoa

    Aloha Win808, when it comes to war crimes I believe diplomatic immunity does not apply. However the indictment will be almost impossible to serve in the U.S. if that’s where the criminals reside. The indictment can be carried out in Hawaii since it is a seperate nation state. Any attempt to interfer with a lawful court order will only reinforce the fact that Hawaii is occupied and will justify more international action.

  • Win808

    Mahalo Kekoa!

    Just wondering, is the Hawaiian Kingdom going to be on the Rome Statute treaty list along with the other nations on or about March 5, 2013, or does it apply immediately?
    Why is there a 60 day wait?

    If the U.S. is not a part of the Rome Statute how does the August 10, 2012, Protest and Demand come into play? It being that the August 10, 2012 Portest and Demand was filed after the Rome Statutes were entered into force, but focusing on the prolonged occupation of the Hawaiian Islands by the U.S. that took place long before the ICC was established.

    Is the U.S., as a corporation, considered a person? Is the status of a person also considered to be an individual?

    I read that the ICC court will not get underway until 2017, is that true?

    Don’t know much about the ICC, I’am still learning!

    Mahalo for the info!

  • kekoa

    Aloha Win808,
    The 60 day wait is a requirement pursuant to Article 126 of the Statute.
    The ICC will execise jurisdiction over war crimes committed in Hawaii. It investigates and prosecutes individuals, be it nationals of Hawaii or nationals of other states, regardless of those other states being a party to the Rome Statute. These individuals consists of both government officials and civilians.
    The U.N. Protest and Demand addresses state to state responsibilities and violations over an array of matters including war crimes. There is no statute of limitations on occupation so time does not matter, except maybe when calculating damages for reparations and restitution.
    The ICC has been in operation for awhile now and handed down it’s most recent decisions this month. Hope this helps, I’m still learning the process.

  • Win808

    Mahalo Kekoa!

  • Kelii Andrade

    Lanakila and the rest of the protestors at Mauna kea can and finally be protected from being arrested. Mahalo Dr. Sai for all of your hard work for your people!

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