DAVID KEANU SAI, PH.D.

Similar documents
VIOLATIONS OF INTERNATIONAL LAW: PROTEST AND DEMAND Alleged War Criminal: Judge PATRICK H. BORDER War Crime Victim: Maltbie Napoleon

LAW OFFICE OF DEXTER K. KAIAMA 111 Hekili Street, Suite A1607 Tel. No. (808) Kailua, Hawai i April 14, 2013

PERMANENT COURT OF ARBITRATION COUNTER-MEMORIAL OF LANCE PAUL LARSEN

DAVID KEANU SAI, PH.D. Acting Ambassador-at-large for the Hawaiian Kingdom P.O. Box 2194 Honolulu, HI

HUMAN RIGHTS COUNCIL COMPLAINT

DR. DAVID KEANU SAI Ambassador-at-large for the Hawaiian Kingdom P.O. Box 2194 Honolulu, HI

David Keanu Sai, Ph.D. 16 October Ambassador-at-Large. P.O. Box 2194 Honolulu, HI

HAWAI I COUNTY COUNCIL

The Ongoing Illegal War between the Hawaiian Kingdom and the United States of America since 1893

News Release Office of Rep. Mele Carroll Monday, March 14, 2011

The Future of UNCLOS Dispute Settlement: Select Issues in the Light of Philippines v China. Iceland 29 June 2018 Dr Kate Parlett

ILLEGAL STATE OF WAR BETWEEN THE HAWAIIAN KINGDOM AND

Citation: 10 J. L. & Soc. Challenges

INTERNATIONAL COURT OF JUSTICE

PUBLIC INT L LAW CLASS SIX TERRITORIAL SOVEREIGNTY. Prof David K. Linnan USC LAW # /23/03

4 New Zealand s statement in Geneva to the Indonesian government specific to Papua was as follows:

America s Path to Empire. APUSH/AP-DC Unit 7 - Period 8

Adoption of an Additional Distinctive Emblem

COMPLAINT AGAINST THE UNITED STATES OF AMERICA. On behalf of the Acting Government of the Hawaiian Kingdom I have the honor

6/7/2016 Outer Space Treaty. Outer Space Treaty

His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawai i

STATUS OF CHINA WITH REGARD TO INTERNATIONAL AIR LAW INSTRUMENTS

Immunities of United Nations Peacekeepers in the Absence of a Status of Forces Agreement. William Thomas Worster

Cambridge University Press, 2000), p. 89. at Hawaiian Journal of Law & Politics 1 (Summer 2004):

Red Cross Law of Japan Empire (Also known as: Geneva Conventions Law of Japan empire fundamental laws) 7 August 2017

General Assembly. United Nations A/C.3/67/L.36. Extrajudicial, summary or arbitrary executions * * Distr.: Limited 9 November 2012

Peace Agreements Digital Collection

STATUS OF THE UNITED KINGDOM WITH REGARD TO INTERNATIONAL AIR LAW INSTRUMENTS

MUTUAL LEGAL ASSISTANCE

(1) Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

ESTABLISHMENT OF AN INTERNATIONAL COORDINATION COMMITTEE (ICC) FOR PREAH VIHEAR TEMPLE, INCLUDED IN THE WORLD HERITAGE LIST SUMMARY

International Arbitration in the South China Sea

SOUTH PACIFIC NUCLEAR-FREE ZONE (TREATY OF RAROTONGA)

TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES

Exhibit 4. Electronically Filed Supreme Court SCPW MAR :56 AM


Objections Not Possessing an Exclusively Preliminary Character in the South China Sea Arbitration

IN THE HON BLE INTERNATIONAL COURT OF JUSTICE, HEGUE IN THE MATTER OF (AEGEAN SEA CONTINENTAL SHELF CASE) GREECE... APPELLANT TURKEY...

Convention for European Economic Cooperation (Paris, 16 April 1948)

Unofficial Consolidated Text. of the Brussels Supplementary Convention Incorporating the Provisions of the Three Amending Protocols Referred to Above

Plenipotentiary Conference (PP- 14) Busan, 20 October 7 November 2014

The High Contracting Parties,

CONVENTION ON THE CONTINENTAL SHELF

Art. 61. Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops.

The SCS Arbitration & the Marine Environment. Robert Beckman Centre for International Law National University of Singapore

Convention on Fishing and Conservation of the Living Resources of the High Seas 1958

Advisory Opinion: Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

THE COVENANT OF THE LEAGUE OF NATIONS

TREATY OF NEUTRALITY, CONCILIATION AND ARBITRATION BETWEEN HUNGARY AND TURKEY. SIGNED AT BUDAPEST, JANUARY 5, 1929

Introductory Note. The request

Hey, Lets Go To France Anne Stemmerman Westwood Middle School. Suggested Grade Level: High School; American History/Government

History, Principles - 01 History of international law - 02 Principles

The Belt and Road Initiative: The China-Philippines relation in the South China Sea beyond the Arbitration

Primary Source Packet

WHY THE CONFLICT IN UKRAINE IS A REAL WAR, AND HOW IT RELATES TO INTERNATIONAL LAW.

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND and UNITED STATES OF AMERICA

The Louisiana Purchase

THE GENEVA CONVENTIONS ACT (JERSEY) ORDER 2012

Defence Legislation (Miscellaneous Amendments) Act 2009

Agreement. Protocol to the Agreement

TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS. The States concluding this Treaty, hereinafter referred to as the Parties to the Treaty,


Downloaded on November 26, United Nations (UN) Aviation and Outer Space Sub Subject. Reference Number

One hundred and twenty years have passed. Hawai i An Occupied Country THERE IS NO PLACE LIKE HOME NOELANI GOODYEAR-KA OPUA FEATURES

BN1 - BRITISH CITIZENSHIP.

America s Path to Empire. APUSH/AP-DC Unit 7 - Period 2

The Final United Nations Conference on the Arms Trade Treaty, Adopts the text of the Arms Trade Treaty which is annexed to the present decision.

Canada s Response. 1) The American Union was scary 2) Maybe life, liberty, and pursuit of happiness was not the best approach

Setting a time limit: The case for a protocol on prolonged occupation

Summary Not an official document. Summary 2017/1 2 February Maritime Delimitation in the Indian Ocean (Somalia v. Kenya)

Unit 11 Part 1-Spanish American War

A/CONF.217/CRP.1. Draft of the Arms Trade Treaty. United Nations Conference on the Arms Trade Treaty New York, 2-27 July 2012

New York, 14 November Excellency,

Article 1. Article 2. Article 3. Article 4

Asian Pacific American Heritage Month: May 2004

Introductory remarks at the Seminar on the Links between the Court and the other Principal Organs of the United Nations.

Federal Register / Vol. 60, No. 163 / Wednesday, August 23, 1995 / Notices

C O N V E N T I O N. concerning the construction and operation of a EUROPEAN SYNCHROTRON RADIATION FACILITY

Access to Foreign Law in Civil and Commercial Matters

page 1 Delimitation Treaties Infobase accessed on 14/03/2002 DOALOS/OLA - UNITED NATIONS

CHAPTER 1 BASIC RULES AND PRINCIPLES

convention stat e l e ssn e ss

Enforcement of Foreign Judgments

STATE S TERRITORY. Marta Statkiewicz Department of International and European Law Faculty of Law, Administration and Economics University of Wrocław

MARITIME BOUNDARY DISPUTES AND ARTICLE 298 OF UNCLOS. Christine Sim 24 August 2017

BELGIUM. Act on the Phase-out of Nuclear Energy for the Purposes of the Industrial Production of Electricity. Adopted on 31 January 2003.

Why the British Government should recognise the independent State of Palestine and its Territorial Integrity. A Caabu Briefing Paper by John McHugo

Business School; Law- University of Huddersfield, HD1 3DH, UK.

The Louisiana Purchase

Empire and Expansion. Chapter 27

Evaluate the extent of change in ideas about American Foreign Policy from 1890 to 1914.

The Chagos UNCLOS Arbitration: Maritime, Fishing and Human Rights Issues and General International Law Anthony E Cassimatis

Reasons for American Imperialism

Treaty of Peace with Turkey Signed at Lausanne, July 24, 1923

Letter dated 9 November 2011 from the Permanent Representative of Lebanon to the United Nations addressed to the President of the Security Council

South China Sea- An Insight

American Foreign Policy, : The Good, the Bad, & the Ugly.

Convention for the Suppression of Unlawful Seizure of Aircraft SIGNED AT THE HAGUE, ON 16 DECEMBER 1970 (THE HAGUE CONVENTION 1970)

Chapter 28 Transformations Around the Globe

Case 1:10-cv CKK Document 35 Filed 03/09/11 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription:

DAVID KEANU SAI, PH.D. Ambassador-at-large for the Hawaiian Kingdom P.O. Box 2194 Honolulu, HI 96805-2194 Tel: (808) 383-6100 E-mail: interior@hawaiiankingdom.org Website: http://hawaiiankingdom.org/ 19 December 2012 Swiss Federal Council Berne, Switzerland Excellencies: In accordance with Article 155 of the Convention for the Protection of Civilian Persons in Time of War was concluded at Geneva on August 12, 1949, I have the honor on behalf of the acting government of the Hawaiian Kingdom to deposit with the Swiss Federal Council my government s instrument of accession to the Convention, and that the Convention shall take effect six months following the deposit of my government s instrument of accession. I also have the honor on behalf of the acting government, to bring to the attention of the Swiss Federal Council a Protest and Demand of the prolonged occupation of the Hawaiian Kingdom, being a non-member State of the United Nations that 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 the Office of the President of the Sixty-Sixth Session of the General Assembly. Attached are the Protest and Demand (9 August 2012) and an accompanying CD with Annexes and other relevant documents. The Hawaiian Islands, through its government the Hawaiian Kingdom, achieved the recognition of its independence as a sovereign State on November 28, 1843 by joint proclamation from Great Britain and France (Annex 2 of the Protest and Demand) and by 1893, and the Hawaiian Kingdom maintained over ninety legations and consulates throughout the world (pages 10-11, Protest and Demand). My country has a Treaty of Friendship, Establishment and Commerce with the government of Switzerland dated July 20, 1864 that is still in full force and effect (Annex 51 of the Protest and Demand). Unable to procure a treaty of cession from the Hawaiian Kingdom acquiring the Hawaiian Islands as required by international law, the United States Congress enacted a Joint Resolution To provide for annexing the Hawaiian Islands to the United States, which was signed into law by President McKinley on 7 July 1898 during the Spanish- American War as a war measure. The Hawaiian Kingdom came under military

occupation on 12 August 1898 at the height of the Spanish-American War, and the occupation was justified by the United States as a military necessity in order to reinforce and supply the troops that have been occupying the Spanish colonies of Guam and the Philippines since 1 May 1898. Following the close of the Spanish-American War by the 1898 Treaty of Paris, U.S. troops remained in the Hawaiian Islands and continued its illegal occupation to date in violation of the 1893 Lili uokalani assignment and Agreement restoration, being international compacts established through exchange of notes, the 1907 Hague Convention, IV, and the 1949 Geneva Convention, IV. Furthering the illegal occupation, United States President McKinley signed into United States law An Act To provide a government for the Territory of Hawai i on 30 April 1900; and on 18 March 1959, United States President Eisenhower signed into United States law An Act To provide for the admission of the State of Hawai i into the Union. These laws, which include the 1898 joint resolution of annexation, have no extraterritorial effect and stand in direct violation of international law and the 1893 Lili uokalani assignment and Agreement of restoration. Actions taken against the Hawaiian Kingdom by the United States constitutes serious international wrongful acts pursuant to the Responsibility of States for International Wrongful Acts (2001), and according to the Commission s Report on the Responsibility of the Authors of the War and on Enforcement of Penalties (29 March 1919), usurpation of sovereignty during occupation, is a war crime. I had the honor of serving as Agent for 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 (2001). 1 Enclosed is a DVD packet of the Larsen case. The Arbitral Tribunal in the Larsen arbitration comprised of Professor James Crawford, SC, Presiding Arbitrator, who at the same time was a member of the United Nations International Law Commission and Special Rapporteur on State Responsibility (1997-2001); Professor Christopher Greenwood, QC, Associate Arbitrator, who now serves as a Judge on the International Court of Justice since 6 February 2009; and Gavan Griffith, QC, Associate Arbitrator, who served as former Solicitor General for Australia. The jurisdictional basis of the Permanent Court of Arbitration in Larsen v. Hawaiian Kingdom was a dispute between a State and a private person. Attached is a DVD packet of the Larsen v. Hawaiian Kingdom arbitration case. I also served as Agent for the acting government when I filed a Complaint against the United States of America with the United Nations Security Council on 5 July 2001, under the Presidency of China. 2 The Hawaiian Kingdom will withdraw States from the Protest and Demand, with the exception of the United States of America, when said States shall declare, whether 1 Bederman & Hilbert, Arbitration UNCITRAL Rules justiciability and indispensable third parties legal status of Hawai i, 95 American Journal of International Law 927-933 (2001). 2 Patrick Dumberry, The Hawaiian Kingdom Arbitration Case and the Unsettled Question of the Hawaiian Kingdom s Claim to Continue as an Independent State under International Law, 2(1) Chinese Journal of International Law 655-684 (2002); and David Keanu Sai, A Slippery Path towards Hawaiian Indigeneity: An Analysis and Comparison between Hawaiian State Sovereignty and Hawaiian Indigeneity and its Use and Practice in Hawai i today, 10 Journal of Law and Social Challenges 68-133 (Fall 2008).

individually or collectively, that they will not recognize as lawful the United States of America s presence and authority within the territory, territorial seas, exclusive economic zone and airspace of the Hawaiian Kingdom according to Article 41(2), Responsibility of States for International Wrongful Acts (2001), excepting the United States temporary and limited authority vested by virtue of the 1893 Lili uokalani assignment, Article 43 of the 1907 Hague Convention, IV, and international law. The Hawaiian Kingdom provided a packet for the Permanent Representative of Switzerland in New York that contained a cover letter with accompanying CD of PDF files of the Protest and Demand and Annexes. Please accept, Excellencies, the assurances of my highest consideration, David Keanu Sai Enclosures

2024 © lawsdocbox.com Privacy Policy | Terms of Service | Feedback