Exciting.............. ABC.NET.AU Two legal specialists from the University of Hawaii are pushing for the US attorney-general to investigate claims that Washington has committed war crimes in Hawaii. The argument is based on claims from the self-styled government of the Hawaiian Kingdom that the islands have been occupied illegally for more than a century, and by collecting taxes the US may be guilty of pillaging. The claim is contained in a memo commissioned by the Office of Hawaiian Affairs that has not been made public. Dr Keanu Sai, the author of the memo, said the document provided an exhaustive analysis, historical analysis, legal analysis and showing the evidence of the war crimes. Hawaiian law professor Williamson Chang and several others including academics, police officers and state legislators wrote to US attorney-general Eric Holder highlighting the issues raised by the memo. Professor Chang told a press conference earlier this week that the underlying issues of war crimes raised here are serious and critical to Hawaii, United States and the world at large. He said while it was not for him to judge the validity of the claims, these issues should be openly and publicly discussed at forums and symposia in an academic setting in Hawaii and elsewhere. For far too long these important questions have not been addressed, mostly for reasons of fear, Professor Chang said. YOUTUBE: Williamson Chang speaks about his letter to the US attorney-general urging an investigation into war crimes claim. Dr Sai said the key issue was whether the Kingdom of Hawaii still existed. If the United States can show that the Hawaiian Kingdom has been effectively and legally extinguished under international law then there are no war crimes; then the state of Hawaii could actually collect taxes. Thats not a problem, he said. But if they are not able to refute the evidence provided for in the memo... then that now brings (in) the issue of Hawaii as an independent state and the law of occupation. An article on the US State Departments website, detailing its version of the annexation of Hawaii in 1898, has been taken down. An advisory note said it was pending review to ensure it meets the department standards for accuracy and clarity. Dexter Kaiama, a lawyer who often represents those who argue that Hawaii is illegally occupied, said the review of the departments article was significant. It acknowledges much of the information that has been disseminated both in the Hawaiian community as well as the greater international community within the recent years (about the Kingdom existence) and I think that information has been a factor in the State Department having to put down their article and do a review, he told ABC Radio Australia. Its largely undisputed (that) Hawaiian Kingdom was an independent state in the 19th century and a co-equal among the family of nations. Under the international principle there is a presumption that the Hawaiian Kingdom continues to exist unless theres factual, relevant evidence to show thats been extinguished. He said to date, there had been no such evidence, and that United States never properly acquired Hawaii. It was made by way of a joint resolution, a simple congressional legislative act and, in fact, not a treaty. So there is no treaty of annexation for the territory of Hawaii, he said. The Office of Hawaiian Affairs asked for clarification earlier this year from Mr Kerry on whether the Kingdom of Hawaii continued to exist. Mr Kaiama said the head of the Office raised concerns that unless the matter was resolved, he may be breaching international law.
Posted on: Wed, 24 Sep 2014 04:58:20 +0000
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