Restoring the Kingdom of Hawaii

SUBHEAD: Francis Boyle with the Nation of Hawaii and a presentation on Hawaiian Sovereignty.

By Francis Boyle on 22 November 2016 in Counter Currents -

Image above: Free Hawaii organization supporting Hawaiian sovereignty. From original article.

Townhall Meeting with the Nation of Hawaii at Waimanalo on 21 August 2016Edited Transcripts of speeches Professor Francis A. Boyle gave in Hawaii August 20 and August 21, 2016. See Counter Culture loink above for full presentation.

Aloha. I’m very happy to be with you here today to talk about the fake state of Hawaii under international law. This is a fake and bogus state of the United States of America and everyone knows it. The United States of America is 2,000 miles that way. I just flew in over the Pacific Ocean the other night.

France tried to do the same thing with Algeria. They invaded Algeria. They annexed Algeria. And then they determined that Algeria was a department of France, like a state or province in France.

No one believed that and certainly the Algerians didn’t believe that — that’s for sure! And today Algeria is a free and independent state and a member state of the United Nations Organization and most of the French have gone home. Some want to live there. That’s fine.

Now I’m not going to review the entire history of the Kingdom of Hawaii and the Kanaka Maoli here. I’ve written a book which you’re free to get. Bumpy has extra copies there, Restoring the Kingdom of Hawaii. And I have a beautiful picture on the back of Pele, drawn by a Kanaka Maoli artist who gave me the permission to put it on the book.

When the U.S. invaded the Kingdom of Hawaii in 1893 it was clearly an illegal invasion. There was a treaty that the U.S. had with the Kingdom of Hawaii guaranteeing peace and amity forever in perpetuity. They paid no attention at all to these solemn commitments, even under the terms of their own U.S. Constitution.

Article 6 guaranteed that treaties are the supreme law of the land. They grossly violated this treaty and perpetrated an act of warfare on the Kingdom of Hawaii and even again in violation of another provision of their own Constitution. Article 1 section 8 says that only Congress can authorize and approve warfare. Congress never approved any warfare against the Kingdom of Hawaii and the Kanaka Maoli.

So nothing could be clearer that today the U.S. is the illegal occupant of the Kingdom of Hawaii and the Kanaka Maoli, and that the bogus state of Hawaii is nothing more than the agent, the instrument, of the illegal, belligerent occupant of the Kingdom of Hawaii known as the U.S. government.

Now, when the U.S. invaded Hawaii in 1893, it became what is known under the international laws of war at that time as the belligerent occupant. The belligerent military occupant of Hawaii. What did that mean?

Number one, the U.S. never gained any sovereignty over Hawaii and the Kingdom of Hawaii. Belligerent occupation cannot transfer sovereignty and the U.S. never got sovereignty here in Hawaii. Second, under the laws of war, sovereignty resides in the hands of the displaced sovereign and in this case, the Kingdom of Hawaii and the Kanaka Maoli.

Indeed, the Kanaka Maoli here in Hawaii have the right of self-determination under international law. Indeed, the Kanaka Maoli are the only people out here in Hawaii that have a right of self-determination under international law. It’s that simple and that is what we are doing here today.

We are exercising our right of self-determination and to denounce the bogus, fake state of Hawaii. And I say “we” because Bumpy Kanahele and the Ohana Council adopted me into the Ohana Council as far back as 1993. So yes, I’m Hanai, and I have a right here to speak on behalf of our Ohana.

So the U.S. and the fake state of Hawaii are nothing more than the belligerent occupation of the state of Hawaii. Now under the laws of war, if the U.S. wants to set up a puppet state and a puppet government to occupy Hawaii by means of belligerent occupation, it can. There’s nothing illegal under the laws of war with setting up a puppet government and a puppet state.

And that’s what this fake state of Hawaii is all about. It’s a puppet state and a puppet government of the U.S. acting here only pursuant to the laws of war. It’s the civilian arm of the U.S. military occupation forces and that’s the way you have to look at it.

The U.S. has paid absolutely no attention to the laws of war and belligerent occupation out here in Hawaii. They’ve tried to conquer, annex, dominate, exterminate you Kanaka Maoli, but you are still here.

You are still in possession of your land and are a People with a right of self-determination exercising power over your own land. This is what sovereignty is all about and that’s why we are here today. As an exercise of sovereignty and self-determination for the Kanaka Maoli and also the Kingdom of Hawaii. We’re here in both causes together.

Now the normal rule when a treaty has been violated so grievously as the U.S. government did by waging illegal warfare against the Kingdom of Hawaii is what is called restitution. They must restore the situation to what it was before the violation and in the case of the Kingdom of Hawaii, as I explain in greater detail in my book, the U.S. government has the obligation to restore the Kingdom of Hawaii and evacuate Hawaii. Leave Hawaii! Lock, stock, and barrel! And allow the Kanaka Maoli to exercise their right of self-determination.

Restore the Kingdom of Hawaii! Terminate this bogus, fake state of Hawaii and move on toward international recognition and membership in the United Nations Organization!

Now you might say: “Oh Professor Boyle, isn’t that a pipe-dream?” Not at all! In 1987, I appeared at the United Nations as a guest of the Palestinians to talk about their future and at that time I said: “The time has now come for you Palestinians to unilaterally create your own state and then move for international recognition and membership in the United Nations Organization!”

And that’s exactly what they did! On November 15, 1988, they adopted their Declaration of Independence and today, the State of Palestine has de jure diplomatic recognition from 136 states in the world.

And Observer State Status at the United Nations Organization in 2012. That took 25 years of hard work and organization, but they did it — and living under a most brutal colonial genocidal military occupation where, today, Palestinians are being shot dead like dogs in the street. And yet they still resist on their own land!

And I have devised the means whereby they can overcome the veto by the United States government [at the Security Council] to join the United Nations Organization as a full-fledged member state.
You Kanaka Maoli can and must do the same thing!

Because the only protection the modern world has developed from genocide and extermination and assimilation and elimination is an independent state of your own: Restoring that Kingdom of Hawaii and then moving for international recognition of that Kingdom and eventually membership in the United Nations Organization. No United Nations member state has ever been destroyed, and we must get to that point. It might take us 25 years like it did for the Palestinians. But if they can do it, we can do it too!

Now, as I said, then, this so-called “statehood” was bogus, completely. It was controlled, dominated, orchestrated by the U.S. government to set up a puppet state under the laws of war with a puppet government and we all know, they over there do whatever the Yankees tell them to do. So fine.

But they’re still a gang of puppets, and they have no validity at all under international law and they know it. They know that this is your land! They know that they stole it from you! They know that they destroyed the Kingdom of Hawaii!

They know you Kanaka Maoli have the right of self-determination! They know they must restore the Kingdom of Hawaii to you as well as your lands and your oceans and your fish and your beaches and all your other natural resources!

But again, they are not going to do it voluntarily. It is up to you, the Kanaka Maoli, to demand it as you’re doing here today. You are demanding your rights under international law. You are denouncing the fake state of Hawaii that has no legality or credibility at all. And you are demanding the Restoration of your Kingdom.

Your Kingdom still exists as a legal entity. It is what we call a “displaced sovereign.” It is up to you the Kanaka Maoli to bring it back to life. From the ground up, to build the Kingdom of Hawaii and to restore it. If the Palestinians can do it, you can certainly do it as well. There’s no doubt in my mind that you can!

Now in addition, however, one of the requirements of an independent state under international law is a government. We have a State and by the way, that puts us ahead of the Palestinians. They did not have a state as of 1988. But now they do and it is recognized de jure by 136 states and the United Nations in 25 years.

But we have a State, the Kingdom of Hawaii, it’s just a displaced sovereign. So we just have to bring it back to life. That’s what we have to do. That’s what you have to do. That’s why I flew all the way out from Chicago to Honolulu Friday night — just to help to restore this Kingdom of Hawaii back to life!

But to do this we’re going to need a government and government structures to guide and direct the process. The Palestinians have their provisional government guiding their State’s establishment until they can have democratic elections in a free unoccupied Palestine. So we need a provisional government out here and a provisional government of national unity.

Now, I’ve been coming out here to Hawaii since 1993. I’ve lectured all over the Islands. I’ve met many people and Kupunas and I know you all have good faith disagreements about how to proceed from here.

In the comments I made yesterday, I didn’t criticize any Kanaka Maoli leaders except OHA. They’re clearly going for an Indian tribe. That’s for sure, and we don’t want to go in that direction. Look what the Americans did to the Indians!

That’s a one way path to extermination! So OHA are Indian tribers, and in my opinion, we cannot rely upon them for any direction at all because they’re moving towards this Indian tribe, this so called federal recognition as an Indian tribe. And that will be the end of us for sure. And OHA knows it because I’ve told them so!

We need alternative leadership! A provisional government of national unity. Now, involving all of your Kupunas and your leaders, and to try to come together and put aside your good faith disagreements and to move forward, to restore the Kingdom of Hawaii, throw out the United States of America and its bogus, fake state of Hawaii. They have to go!

Now, we also have one other example from history of this being done, and that is Mahatma Gandhi in India. As we know, Gandhi applied his strategy and theory of Satyagraha, “truth-force,” non-violent but truth-force. Forcing yourself upon the colonial occupying oppressor and demanding that they leave. And clearly Gandhi was a man of the East, not of the rotten, corrupt, decadent West. Gandhi had it all figured out from his own cultural and religious heritage.

You can read it in his book Satyagraha. That’s what we need here. Satyagraha is consistent with the Spirit of Aloha. They’re the exact same thing and that’s what we need here. Satyagraha and the Spirit of Aloha together along with each and every one of you as self-determining Kanaka Maoli doing whatever you can to force the United States of America and this fake state of Hawaii out of here by means of Aloha and Satyagraha. I believe it can be done!

Gandhi threw the mighty British empire out of the entire Indian subcontinent with Satyagraha! Certainly I think the Kanaka Maoli using Satyagraha and the Spirit of Aloha can throw the mighty American empire out of the Kingdom of Hawaii and take its fake state with it along the way out the door and on the airplane home!

But to do that, to move forward, we’re going to need your leaders and your Kupunas to come together and try to set up this provisional government of national unity where you can all work together on this agenda. It can be done! It will be done! But it is up to you! Thank you. Mahalo.

Bumpy asked this question about filing genocide charges against the United States for genocide against the Kanaka Maoli and the answer is yes! I was the lawyer for the Republic of Bosnia and Herzegovina that filed genocide charges for them against Yugoslavia.

I won two Orders of provisional measures of protection for the Bosnians against Yugoslavia to cease and desist from committing all acts of genocide against them. Now, that’s the first time ever any lawyer has won two Orders in one case since the World Court was founded in 1921.

So my opinion is: yes, we can, but not right away.

Now I had mentioned to you before the work I did with Palestinians starting from 1987 when I first said we should create our state until 2012 when we became an Observer State at the United Nations by vote of the U.N. General Assembly.

So at that point I then advised the Palestinians that we are now in a position to sue Israel for genocide against the Palestinians at the International Court of Justice. This is a matter of public record. The Palestinian leadership – their Provisional Government for the State of Palestine – is considering it as we speak. If and when I get instructions, I’ll file that lawsuit!

That being said, we’re behind the Palestinians in terms of the establishment of our Statehood. We have to get to the point where they are, and then I could file genocide charges against the United States government. So what does that mean? It’s up to all of you to get us to that point, to restore the Kingdom of Hawaii. To set up this provisional government of national unity like the Palestinians did so that I could act to file a genocide lawsuit against the United States.

As a matter of fact, I already argued genocide for the Kanaka Maoli in 1992 at the San Francisco Tribunal where my client and friend, the late Kekuni Blaisdell, showed up with his Ohana. I agreed to represent them and to argue their case before the San Francisco Tribunal, that the Kanaka Maoli were victims of genocide. And I explain this in my book here, if you want to read it, and chapter 1 is entitled “Kanaka Maoli Genocide.”

After my arguments for the Kanaka Maoli, my presentation of the case, the Tribunal of seven international human rights experts ruled as follows:
“The Tribunal further accepts a motion by the Prosecutor for the Native American Peoples to amend the face of the Indictment to include the following allegation which the Tribunal unanimously finds has been sufficiently proved by the evidence it has received:”
Notice it says unanimous. Everyone agreed. The case was so clearcut that the Kanaka Maoli were victims of genocide, as I argued to them. And what was their Ruling? This is their Ruling:
“The Federal Government of the United States of America has perpetrated crimes of genocide against the Kanaka Maoli (the Indigenous Hawaiian People), and has engaged in actions constituting gross violation of their human rights and their right to self-determination. All of which threaten to render the Kanaka Maoli extinct.”

That was unanimous on two points: One, Kanaka Maoli have been a victim of genocide. Two, you have a right of self-determination, which I discussed in my first speech here today. It’s up to you. It’s in your hands. If you want to see any of this done, it’s got to be done by you. We lawyers can’t work miracles, I’ll tell you that.

It’s up to your People to exercise self-determination to restore the Kingdom of Hawaii and toward that end to establish this provisional government of national unity. And then I can sue the United States government for genocide at the International Court of Justice. Thank you.

• Professor Francis A. Boyle is an international law expert and served as Legal Advisor to the Palestine Liberation Organization and Yasser Arafat on the 1988 Palestinian Declaration of Independence, as well as to the Palestinian Delegation to the Middle East Peace Negotiations from 1991 to 1993, where he drafted the Palestinian counter-offer to the now defunct Oslo Agreement. His books include “ Palestine, Palestinians and International Law” (2003), and “ The Palestinian Right of Return under International Law” (2010).

See also:
Island Breath: Time for Provisional Government 12/28/04 Boyle presentation on Kauai
Island Breath: TGI Column - Hawaiian Nation - Part One 4/25/08
Island Breath: TGI Column - Hawaiian Nation - Part Two 4/30/08 
Ea O Ka Aina: Hawaii should be Deoccupied 11/22/15
Ea O Ka Aina: Na'i Aupuni is indefensible 11/18/15
Ea O Ka Aina: Na'i Aupuni critics meeting 11/18/15
Ea O Ka Aina: OHA's bad premise = bad election 11/11/15
Ea O Ka Aina: Guide to Hawaiian secession 11/6/15
Ea O Ka Aina: Hawaiian sovereignty on the line 10/28/15
Ea O Ka Aina: Hawaiian Nation signs removed 9/25/15
Ea O Ka Aina: Hawaiian Independence Day 11/12/14
Ea O Ka Aina: American war crimes in Hawaii 10/7/14
Ea O Ka Aina: State of Hawaiian sovereignty 9/11/14
Ea O Ka Aina: The Kanaka Maoli Tribe 8/31/13
Ea O Ka Aina: Glorious night for Kauai 1/18/13
Ea O Ka Aina: Hawaii - Start of American Empire 2/26/12
Ea O Ka Aina: Feds Threaten Hawaiian Sovereignty 2/2/12
Ea O Ka Aina: Hawaiian Sovereignty Issues 9/17/11
Ea O Ka Aina: Is Hawaii a part of USA? 9/2/11
Ea O Ka Aina: Recognition of Native Hawaiians 4/30/11
Ea O Ka Aina: Case for Hawaiian Sovereignty 12/20/10
Ea O Ka Aina: Hawaiian National Sues Obama 6/8/10
Ea O Ka Aina: Akaka Bill steals sovereignty 3/14/10
Ea O Ka Aina: Akaka Bill revision raises the stakes 12/23/09
Ea O Ka Aina: Hawaiian Sovereignty Panel 9/26/09
Ea O Ka Aina: Hawaii - "Nation Within" 9/24/09
Ea O Ka Aina: Is Hawaii a part of USA? 9/2/11

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