Posted on 2015/04/14 by kauilapele
This article by Dr. Keanu Sai hits many points that I feel are important for awareness at this moment. Here are some high points of his article. [note: the article contains a picture of the proposed telescope, which I cannot bring myself to include in this post. So I include the shield of The Kingdom of Hawai’i… since that is where we are.]
“The position taken by Mauna Kea protectors that the building of the 30-meter telescope is a desecration of sacred land is firmly grounded in international law… International law prohibits a neutral country from being occupied when two or more other countries are at war with each other. In other words, the United States was prohibited from occupying the Hawaiian Kingdom, being an internationally recognized neutral country since 1854, in its war against Spain in 1898.
“Article 43 [of the 1907 Hague Convention, signed by the U.S.] mandates the occupier “shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.” …Article 56 specifically protects “institutions dedicated to religion, charity and education, [and] the arts and sciences. All seizure of, destruction or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.”… Every violation of the law of war is a war crime.”
“The Hawaiian Kingdom government was renamed to the self-declared provisional government on January 17, 1893. On July 4, 1894, the same insurgents renamed themselves to be the Republic of Hawai‘i. By an Act of Congress on April 30, 1900, the so-called Republic of Hawai‘i was renamed the “Territory of Hawai‘i,” and by another Act of Congress on March 18, 1959, it was renamed the “State of Hawai‘i.” Interestingly, the Congress passed a joint resolution on November 23, 1993, apologizing for the illegal overthrow of the Hawaiian Kingdom government, and specifically called the Republic of Hawai‘i “self-declared.” Self-declared means it wasn’t a government, a lawful government. So if the so-called Republic of Hawai‘i was self-declared, then its successors are self-declared as well since the so-called Territorial and State of Hawai‘i government can claim no U.S. authority if Congressional laws have no effect beyond U.S. borders.
Simply said, the Hawaiian Kingdom government was carjacked and merely painted red, white and blue.
In light of this important historical and legal information, TIO cannot claim to have a valid lease from the States of Hawai‘i to build the 30-meter telescope if the State of Hawai‘i is self-declared.“
International Law “Forbids” Construction of the 30-meter Telescope
The position taken by Mauna Kea protectors that the building of the 30-meter telescope is a desecration of sacred land is firmly grounded in international law. Because the Hawaiian Kingdom has been under an illegal and prolonged occupation by the United States since the Spanish-American War in 1898, the international laws of occupation apply to Hawai‘i’s situation and not United States law.
International law prohibits a neutral country from being occupied when two or more other countries are at war with each other. In other words, the United States was prohibited from occupying the Hawaiian Kingdom, being an internationally recognized neutral country since 1854, in its war against Spain in 1898. Despite the violation of international law, the laws of occupation mandates the occupier to temporarily administer the laws of the occupied State until the occupation comes to an end.
During the Spanish-American War the laws of war and occupation of countries were considered customary international law and in 1899, The Hague Conventions codified these laws into four treaties. In 1907, The Hague Conventions were revised into fifteen treaties. The United States ratified all of the Hague Conventions. The 1907 Hague Convention, IV—Respecting the Laws and Customs of War on Land, applies to Hawai‘i’s occupation even if Hawai‘i is not a war with the United States.
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