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Aloha Kanaina heirs and attorneys.

It is the wish of the Napoleon Ohana to expose the current illegal United States occupation of Hawaii and violations of the Hague Convention 1907, 1949 Geneva Convention and the international laws of occupation which constitutes war crimes.

The reporting of war crimes on this website is authorized by Section 495(a), U.S. Army Field Manual 27-10, whereby the remedial action of "Publication of the facts, with a view to influencing public opinion against the offending individuals" is legally authorized under the laws of occupation.

Press Release. Nov 24, 2014. Hawaiian subject declares that war crimes were committed against him by Hawaii business’s and alleged land owners. Posted Nov 27, 2014.

On Nov 24, 2014, Maltbie Napoleon, a Hawaiian subject, declared that war crimes were committed against him by Hawaii business’s and alleged land owners, herein, LANDLORDS, and their agents. Document A-54410919 filed Nov 24, 2014, for the purpose of exposing foreign and U.S. citizens committing war crimes on Hawaiian territory against its citizenry. The dispute also alleges:

This case 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.
Accordingly, this had lead to the unlawful sale and ownership transfer of 1568, 1578 Miller St., and 417 Iolani Ave., Honolulu, Oahu, TMK 21021057, 050, 049, et.al., and all improvements, rentals or fees paid to you, LANDLORD are through fraud and illegal, whereby, the ownership transaction is not authorized by proper military authority in the administration of Hawaiian law, as stated in FM 27-10, Department of the Army Field Manuel, the Law of Land Warfare, Chapter VI, Section II, 374, which states in pertinent part, “…Military and civilian personnel of the occupying forces and occupation administration and persons accompanying them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration.”
Also, STATE OF HAWAII and agents have knowledge and are complicit with LANDLORD in the commission of war crimes. War crimes: Extensive appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. War crimes are actions taken by individuals, whether military or civilian, that violates international humanitarian law, which includes the 1907 Hague Convention, 1949 Geneva Convention and the Additional Protocols to the Geneva Conventions.
YJWBBY LTD is a Hawaii Foreign Profit Corporation whose Registered Agent is Carlyle Consulting Hawaii LLC and is located at 1314 S King St Ste 717 Honolulu, HI 96814. The principal is Wang, Man Fu. The company's mailing address is P O Box 3444 Road Town , Tortola. The true owner is currently unknown to this victim but believes the owner is a Chinese national and as an entity without any extraterritorial effect cannot appropriate money from the inhabitants of the Hawaiian Kingdom without violating international law.
Under 18 U.S. Code § 4 - Misprision of felony, this Hawaiian subject has knowledge of the actual commission of a felony and therefore has sent this dispute to Admiral Harry B. Harris Jr., USPACOM, as commission of war crimes.
In light of the U.S. occupation of the Hawaiian Kingdom, you, LANDLORD, may have a claim under Hawaiian law.
Failure to return all rents and answer this dispute is prima facie evidence of admission of “waiver” to all acts and deeds stated herein.
LANDLORD’S, presenter of the public debt papers or public verbal contract hereby waives his/her right to tort and understands acceptor’s immediate remedy to lien for breach of contract. 10,000.00 fee per injury per trespass, if not rebutted point-for-point within three days of postal service. Date exhibited by your receipt.
The presumption of Hawaiian independence is based on the continued reliance on the part of the U.S. Department of State and the U.S. Attorney General’s failed legal response to letters composed by OHA CEO Dr. Kamana‘opono Crabbe dated May 5, 2014, (Annex 7) and University of Hawaii Senior law professor Williamson B.C. Chang dated September 17, 2014, (Annex 8);
This Document is instructed to be attached to all deeds and or conveyances in the names of the above party(ies) as requiring recording of this Document, in a manner of NUNC PRO TUNC.
Due to the continued illegal U.S. occupation of Hawai’i, in violation of treaty, Hawaiian law and international law, the requirements of United States law which stands in contravention to Hawaiian law, a notary public commissioned by the same is required for registering this Notice in the Hawai’i Bureau of Conveyances, I do this involuntarily and against my will.
Document No. A-54410919 filed Nov 24, 2014, may be viewed at https://sites.google.com/site/mkntrust/home/viewpoint.

PRESS RELEASE Jan 1 2014

For immediate release: January 1, 2014

Contact: Maltbie Napoleon

maltbiek@gmail.com

The reporting of war crimes is authorized by Section 495(a), U.S. Army Field Manual 27-10, whereby the remedial action of "Publication of the facts, with a view to influencing public opinion against the offending [individuals]" is legally authorized under the laws of occupation. The Ohana Napoleon, https://sites.google.com/site/ohananapoleon/, website will be periodically updated by publicly identifying individuals, whether government or civilian, who committed a war crime and were reported to the United Nations Human Rights Council, Geneva, Switzerland.

On December 13, 2013, War Crime Complaints were sent to the Prosecutor of the International Criminal Court (ICC) and the United Nations Human Rights Commission and Dr. Keanu Sai, Acting Council of Regency, Hawaiian Kingdom by Maltbie Kame’eiamoku Napoleon, a Hawaiian subject and protected person under the 1949 Geneva Convention IV.

The War Crime Complaint alleges:

Pursuant to the Rome Statute’s Article 8 – War Crimes, (1) The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

Statement:

State of Hawaii Judges, ALLENE R. SUEMORI, CHRISTINE E. KURIYAMA and MATHEW J. VIOLA, committed a war crime by willfully depriving me, a Hawaiian national and a protected person, appropriation of property, not justified by military necessity and carried out unlawfully and wantonly and of a fair and regular trial prescribed by the fourth Geneva Convention. The Plaintiff, SUSAN AIMEE WEINIK, in Family Court of the First Circuit, Honolulu, island of Oahu, FC-P No. 05-1-0059, the CHILD SUPPORT ENFORCEMENT AGENCY, represented by the State of Hawai‘i Attorney General DAVID M. LOUIE were complicit in these proceedings and therefore committed a war crime as accessories.”

This case was initiated by SUSAN AIMEE WEINIK, on January 20, 2005, filed a paternity petition against me in Family Court of the First Circuit, Honolulu, island of Oahu, FC-P No. 05-1-0059, pursuant to Chapter 346, 571, 576D and 584 Haw. Rev. Statutes. At hearing, on February 25, 2005, Judge ALLENE R. SUEMORI, granted the judgment of paternity.

In this case, I have provided argument and supporting evidence on the facts, that, Hawaii continues to be an independent State illegally occupied by the United States. Since there is no treaty of annexation between Hawai‘i and the United States, Congressional law can have no force and effect beyond U.S. territory. As such, the Family Court, State of Hawaii is not duly constituted to determine the issues in this case, whereby, has no subject matter jurisdiction and this case should be dismissed. Essentially, although the allegations of facts and evidence are undisputed, the Court’s granting of the Plaintiff’s order deprive me of a fair and regular trial and appropriation of property, not justified by military necessity.

The War Crime Complaint also alleges: Although, a pro se Defendant,

It is my belief, that, the evidence submitted by Dr. Keanu Sai, acting agent for the Hawaiian Kingdom, REFERRAL p.3, Annex 3, is evidence of (1) the UNITED STATES OF AMERICA is unwilling to investigate and deliberately refuses to investigate these crimes and comply with the international laws of occupation and establish a military government, and (2) this victim relies on the evidence presented as the domestic remedies have not been exhausted on grounds that their application would be ineffective due to the prolonged illegal United States occupation of the Hawaiian Islands for 115 years.

Since I have no legal representation in this complaint, as a Hawaiian subject I consent to the legitimacy of the acting government to represent the Hawaiian State before international bodies.

The ICC jurisdiction over the Hawaiian Islands began on March 4, 2013.

PRESS RELEASE Jan 1 2014

For immediate release: January 1, 2014

Contact: Maltbie Napoleon

maltbiek@gmail.com

The reporting of war crimes is authorized by Section 495(a), U.S. Army Field Manual 27-10, whereby the remedial action of "Publication of the facts, with a view to influencing public opinion against the offending [individuals]" is legally authorized under the laws of occupation. The Ohana Napoleon, https://sites.google.com/site/ohananapoleon/, website will be periodically updated by publicly identifying individuals, whether government or civilian, who committed a war crime and were reported to the United Nations Human Rights Council, Geneva, Switzerland.

On December 13, 2013, War Crime Complaints were sent to the Prosecutor of the International Criminal Court (ICC) and the United Nations Human Rights Commission and Dr. Keanu Sai, Acting Council of Regency, Hawaiian Kingdom by Maltbie Kame’eiamoku Napoleon, a Hawaiian subject and protected person under the 1949 Geneva Convention IV.

The War Crime Complaint alleges:

Pursuant to the Rome Statute’s Article 8 – War Crimes, (1) The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

State of Hawaii Judges, PATRICK W. BORDER, committed a war crime by willfully depriving me, a Hawaiian national and a protected person, appropriation of property, not justified by military necessity and carried out unlawfully and wantonly and of a fair and regular trial prescribed by the fourth Geneva Convention. The Plaintiff, RONALD T.Y. MOON (Ret.), in Circuit Court of the First Circuit, Honolulu, Plaintiff’s Attorney’s, represented by the State of Hawai‘i Attorney General DAVID M. LOUIE and Deputy Attorney Generals DIANE ERICKSON and ROBYN B. CHUN. Associate Judge, DANIEL R. FOLEY, Associate Judge, ALEXA D.M. FUJISE, Associate Judge, KATHERINE G. LEONARD, were complicit in these proceedings and therefore committed a war crime as accessories.”

Statement:

This case was initiated by on April 6, 2011, RONALD T.Y. MOON (Ret.), DAVID M. LOUIE, Attorney General, DIANE ERICKSON, ROBYN B. CHUN, Deputy Attorneys General, filed a subpoena petition proceeding against me in Circuit Court of the First Circuit, Honolulu, Island of Oahu, Civil No. S.P. No. 11-1-0111, before Judge PATRICK W. BORDER.

In this case, I have provided argument and supporting evidence on the facts, that, Hawaii continues to be an independent State illegally occupied by the United States. Since there is no treaty of annexation between Hawai‘i and the United States, Congressional law can have no force and effect beyond U.S. territory. As such, the Circuit Court of the First Circuit, State of Hawaii is not duly constituted to determine the issues in this case, whereby, has no subject matter jurisdiction and this case should be dismissed. Essentially, although the allegations of facts and evidence are undisputed, the Court’s granting of the Plaintiff’s order deprive me of a fair and regular trial.

The War Crime Complaint also alleges: Although, a pro se Defendant,

It is my belief, that, the evidence submitted by Dr. Keanu Sai, acting agent for the Hawaiian Kingdom, REFERRAL p.3, Annex 3, is evidence of (1) the UNITED STATES OF AMERICA is unwilling to investigate and deliberately refuses to investigate these crimes and comply with the international laws of occupation and establish a military government, and (2) this victim relies on the evidence presented as the domestic remedies have not been exhausted on grounds that their application would be ineffective due to the prolonged illegal United States occupation of the Hawaiian Islands for 115 years.

Since I have no legal representation in this complaint, as a Hawaiian subject I consent to the legitimacy of the acting government to represent the Hawaiian State before international bodies.

The ICC jurisdiction over the Hawaiian Islands began on March 4, 2013.

PRESS RELEASE Sep 17, 2013

For immediate release: September 17, 2013

Contact: Maltbie Napoleon

maltbiek@gmail.com

The reporting of war crimes is authorized by Section 495(a), U.S. Army Field Manual 27-10, whereby the remedial action of "Publication of the facts, with a view to influencing public opinion against the offending [individuals]" is legally authorized under the laws of occupation. The Ohana Napoleon, https://sites.google.com/site/ohananapoleon/, website will be periodically updated by publicly identifying individuals, whether government or civilian, who committed a war crime and were reported to the United Nations Human Rights Council, Geneva, Switzerland.

On August 22, 2013, War Crime Complaints were sent to the Prosecutor of the International Criminal Court (ICC) and copies received on September 3, 2013, to the United Nations Human Rights Commission and Dr. Keanu Sai, Acting Council of Regency, Hawaiian Kingdom by Maltbie Kame’eiamoku Napoleon, a Hawaiian subject and protected person under the 1949 Geneva Convention IV. On September17, 2013, the ICC responded to the receipt of my complaints, OTP-CR-283/13.

The War Crime Complaint alleges:

Pursuant to the Rome Statute’s Article 8 – War Crimes, (1) The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

State of Hawaii Judges, RHONDA A. NISHIMURA, committed a war crime by willfully depriving me, Maltbie Kameiamoku Napoleon, a protected person, of a fair and regular trial prescribed by the fourth Geneva Convention. As a further perpetrator, HOVEY B. LAMBERT, TRUSTEE, Attorney’s PHILIP J. LEAJ, LORI K. AMANO, HENRY F. BEERMAN, Attorney for Patricia Chinn, State of Hawai‘i Governor NEAL ABERCROMBIE, represented by the State of Hawai‘i Attorney General DAVID M. LOUIE, HAWAII RESERVES, INC. aka. PROPERTY RESERVE, INC., President, ERIK H. BEAVER, agent for CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, hereinafter, DEFENDANT’S, were complicit in these proceedings and therefore committed a war crime as accessories.

On or about September 1, 2010, I was notified by public advertisement of partition proceedings instituted by PHILIP J. LEAS, W. KEONI SHULTZ and LORI K. AMANO, Attorney’s for Plaintiff, HOVEY B. LAMBERT, trustee under the Hovey B. Lambert Trust, an unrecorded Revocable Living Trust Agreement dated April 5, 2002, in the Circuit Court of the First Circuit, Island of Oahu, Civil No. 09-1-2529-10, before Judge RHONDA A. NISHIMURA, (Partition). As a Hawaiian subject, third-party beneficiary under the Lili’uokalani assignment, I have a vested undivided 1/3 interest in this property.

Statement:

I was notified by public advertisement and entered the case pro se. In this case, I have provided argument and supporting evidence on the facts, that, Hawaii continues to be an independent State illegally occupied by the United States. Since there is no treaty of annexation between Hawai‘i and the United States, Congressional law can have no force and effect beyond U.S. territory. As such, the Circuit Court, State of Hawaii is not duly constituted to determine the issue of land in this case, whereby, has no subject matter jurisdiction and this case should be dismissed. Essentially, although the allegations of facts and evidence are undisputed, the Court’s granting of the Plaintiff’s partition and title deprive me of a fair and regular trial.

The War Crime Complaint also alleges: Although, a pro se Defendant,

It is my belief, that, the evidence submitted by Dr. Keanu Sai, acting agent for the Hawaiian Kingdom, REFERRAL p.3, Annex 3, is evidence of (1) the UNITED STATES OF AMERICA is unwilling to investigate and deliberately refuses to investigate these crimes and comply with the international laws of occupation and establish a military government, and (2) this victim relies on the evidence presented as the domestic remedies have not been exhausted on grounds that their application would be ineffective due to the prolonged illegal United States occupation of the Hawaiian Islands for 115 years.

Since I have no legal representation in this complaint, as a Hawaiian subject I consent to the legitimacy of the acting government to represent the Hawaiian State before international bodies.

The ICC jurisdiction over the Hawaiian Islands began on March 4, 2013.

PRESS RELEASE Sep 17, 2013

For immediate release: September 17, 2013

Contact: Maltbie Napoleon

maltbiek@gmail.com

The reporting of war crimes is authorized by Section 495(a), U.S. Army Field Manual 27-10, whereby the remedial action of "Publication of the facts, with a view to influencing public opinion against the offending [individuals]" is legally authorized under the laws of occupation. The Ohana Napoleon, https://sites.google.com/site/ohananapoleon/, website will be periodically updated by publicly identifying individuals, whether government or civilian, who committed a war crime and were reported to the United Nations Human Rights Council, Geneva, Switzerland.

On August 22, 2013, War Crime Complaints were sent to the Prosecutor of the International Criminal Court (ICC) and to the United Nations Human Rights Commission and Dr. Keanu Sai, Acting Council of Regency, Hawaiian Kingdom by Maltbie Kame’eiamoku Napoleon, a Hawaiian subject and protected person under the 1949 Geneva Convention IV.

The War Crime Complaint alleges:

Pursuant to the Rome Statute’s Article 8 – War Crimes, (1) The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

State of Hawaii Judge, GARY W.B. CHANG, committed a war crime by willfully depriving me, a protected person, of a fair and regular trial prescribed by the fourth Geneva Convention. The Plaintiff, PIONEER MILL COMPANY, LIMITED and KAHAOMA LAND LLC, in the Land Court of the First Circuit, Island of Oahu, Ld. Ct. App. No. 439(amended), Ld. Ct. Case No. 09-0300, Plaintiff’s Attorney’s MICHAEL W. GIBSON, ESQ., and State of Hawai‘i Governor NEAL ABERCROMBIE, represented by the State of Hawai‘i Attorney General DAVID M. LOUIE and Deputy Attorney Generals COLIN J. LAU, were complicit in these proceedings and therefore committed a war crime as accessories.”

This case was initiated by PIONEER MILL COMPANY, LIMITED on June 28, 1919 as Application No. 439 to obtain fee simple title to the land and buildings of Lots 1, 2 and 3A. In 1970, Judge Samuel P. King held a trial for application No. 439 and issued his findings of fact and conclusions of law on March 13, 1970. However, on appeal, the court concluded that Judge King had forfeited his judgeship under the Hawaii Constitution because he became a candidate for public office and remanded the case for new trial. The trial never took place until KAHAOMA LAND LLC moved for default on November 2, 2009. On or about September 1, 2010, I was notified by public advertisement of said proceedings instituted by PIONEER MILL COMPANY, LIMITED and KAHAOMA LAND LLC., set for hearing on September 20, 2010, in the Land Court of the First Circuit, Island of Oahu, Ld. Ct. App. No. 439(amended), Ld. Ct. Case No. 09-0300. As a Hawaiian subject, heir of Charles Kanaina, I have a vested undivided 1/3 interest in said property’s and I notified the court as such.

Statement:

In this case, I have provided argument and supporting evidence on the facts, that, Hawaii continues to be an independent State illegally occupied by the United States. Since there is no treaty of annexation between Hawai‘i and the United States, Congressional law can have no force and effect beyond U.S. territory. As such, the Land Court, State of Hawaii is not duly constituted to determine the issue of land in this case, whereby, has no subject matter jurisdiction and this case should be dismissed. Essentially, although the allegations of facts and evidence are undisputed, the Court’s granting of the Plaintiff’s motion for summary judgment Lots 1 & 2 title, deprive me of a fair and regular trial.

The War Crime Complaint also alleges: Although, a pro se Defendant,

It is my belief, that, the evidence submitted by Dr. Keanu Sai, acting agent for the Hawaiian Kingdom, REFERRAL p.3, Annex 3, is evidence of (1) the UNITED STATES OF AMERICA is unwilling to investigate and deliberately refuses to investigate these crimes and comply with the international laws of occupation and establish a military government, and (2) this victim relies on the evidence presented as the domestic remedies have not been exhausted on grounds that their application would be ineffective due to the prolonged illegal United States occupation of the Hawaiian Islands for 115 years.

Since I have no legal representation in this complaint, as a Hawaiian subject I consent to the legitimacy of the acting government to represent the Hawaiian State before international bodies.

The ICC jurisdiction over the Hawaiian Islands began on March 4, 2013.

Ambassador's Letter to the UN High Commissioner for Human Rights, November 11, 2012

War Crimes

Unable to procure a treaty of cession from the Hawaiian Kingdom government acquiring the Hawaiian Islands as required by international law, the U.S. Congress enacted a Joint Resolution, which was signed into law by President McKinley on July 7, 1898 during the Spanish-American War (30 U.S. Stat. 750) as a war measure. According to Black's Law Dictionary, 6th edition, a resolution is "a formal expression of the opinion or will of an official body or public assembly, adopted by vote; as a legislative resolution. Such may be either a simple, joint or concurrent resolution." Therefore, a joint resolution is not a ceding of territory by treaty, but only an opinion or will of the U.S. Congress. The Hawaiian Kingdom was not annexed to the United States and remained an independent, but occupied State.

Usurping Hawaiian sovereignty, U.S. President McKinley signed into United States law An Act To provide a government for the Territory of Hawai'i on April 30, 1900 (31 U.S. Stat. 141); and on March 18, 1959, U.S. President Eisenhower signed into United States law An Act To provide for the admission of the State of Hawai'i into the Union (73 U.S. Stat. 4). These laws not only have no extraterritorial effect, but stand in direct violation of the 1893 Lili`uokalani assignment and the Restoration Agreement, being international compacts, the 1907 Hague Convention, IV, and the 1949 Geneva Convention, IV.

At the close of World War I, the Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties classified the following types of war crimes capable of being committed by military and civilians (American Journal of International Law, vol. 14, p. 114 (1920)):

Usurpation of sovereignty during occupation;
Deportation of civilians;
Compulsory enlistment of soldiers among the inhabitants of occupied territory;
Denationalizing the inhabitants of occupied territory;
Confiscation of property;
Exaction of illegitimate or of exorbitant contributions and requisitions;
Wanton devastation and destruction of religious, charitable, educational and historical buildings and monuments.

Usurpation of sovereignty is to illegally take by force the sovereignty of another country. International tribunals and national tribunals prosecuted both military and civilians after World War I and World War II for these war crimes. The State of Hawai'i government, established by an Act of Congress, is a usurpation of sovereignty during occupation and therefore not only illegal but also constitutes a war crime.

Article 147 of the Geneva Convention, IV also listed the following as war crimes:

Unlawful deportation or transfer or unlawful confinement of a protected person;
Compelling a protected person to serve in the forces of an occupying State;
Willfully depriving a protected person of the rights of fair and regular trial;
Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully.

Drawing from the Trial of Josef Altstotter and Others, the United Nations War Crimes Commission laid out the following as proof of the offense of a denial of a fair trial (Law Reports of Trials of War Criminals, United Nations War Crime Commission, vol. 6, p. 103 (1949)):

Denial of the right to know the charge against them, and this a reasonable time before the opening of trial;
Denial of the right to the full aid of counsel of their own choice, and sometimes no counsel at all was allowed to defend the accused;
Denial of the right to be tried by an unprejudiced judge;
Denial in whole or in part of the right to give or introduce evidence;
Denial of the right to know the evidence against them;
Denial of the general right to a hearing adequate for a full investigation of a case.

Field Manual 27-10

In the Trial of Sergeant-Major Shigeru Ohashi and Six Others, the Judge Advocate in setting out the rules which the Court was to observe stated, "United States Basic Field Manual F.M. 27-10 (Rules of Land Warfare), though not a source of law like a statute, prerogative order or decision of a court, is a very authoritative publication." (Law Reports of Trials of War Criminals, United Nations War Crime Commission, vol. 5, p. 27 (1949)). "The rules which govern the armed forces of the United States are set forth in the War Department's Basic Field Manual 27-10. Rules of Land Warfare. While the Hague rules apply legally only to enemy territory, as a matter of policy they are generally applied to other territories occupied by United States forces." (Law of Belligerent Occupation, J.A.G.S. Text No. 11, p. 6, footnote 13.)

Section 495—Remedies of Injured. In the event of violation of the law of war, the injured party may legally resort to remedial action of the following types:

Publication of the facts, with a view to influencing public opinion against the offending [individuals];
Protest and demand for compensation and/or punishment of the individual offenders. Such communications may be sent through the protecting power, a humanitarian organization performing the duties of a protecting power, or a neutral state, or by parlementaire direct to the commander of the offending forces. Article 3, H. IV, provides in this respect: A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
Solicitation of the good offices, mediation, or intervention of neutral States for the purpose of making the enemy observe the law of war.

Section 358—Occupation Does Not Transfer Sovereignty. Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress.

Section 362—Necessity for Military Government. Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military occupation, or the undesirability of allowing it to do so.

Section 499—War Crimes. The term "war crime" is the technical expression for a violation of the law of war by any person or persons, military or civilian. Every violation of the law of war is a war crime.

Section 509—Defense of Superior Orders. The fact that the law of war has been violated pursuant to an order of a superior authority, whether military or civil, does not deprive the act in question of its character of a war crime, nor does it constitute a defense in the trial of an accused individual, unless he did not know and could not reasonably have been expected to know that the act ordered was unlawful. In all cases where the order is held not to constitute a defense to an allegation of war crime, the fact that the individual was acting pursuant to orders maybe considered in mitigation of punishment.

Section 510—Government Officials. The fact that a person who committed an act which constitutes a war crime acted as the head of a State or as a responsible government official does not relieve him from responsibility for his act.

Hawaiian Government

On August 10, 2012, the acting government filed a Protest and Demand with 55 Annexes against 173 members of the United Nations with the President of the United Nations General Assembly regarding the United States' occupation of the Hawaiian Islands. The Protest and Demand was accepted under Article 35(2) of the United Nations Charter, where a "State which is not a Member of the United Nations may bring to the attention of the General Assembly any [situation].

On December 10, 2012, the acting government deposited its Instrument of Accession acceding to the jurisdiction of the International Criminal Court (ICC) with the United Nations Secretary-General in New York City. By acceding 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. The ICC prosecutes individuals and not States.

On June 17, 2013, the ICC received the acting government's Referral to initiate criminal investigations and its Declaration extending the jurisdiction of the ICC to investigate war crimes committed on Hawaiian territory since July 1, 2002. Initially the ICC's jurisdiction was limited to crimes committed after March 4, 2013 when it began its jurisdiction over the Hawaiian Islands. On June 24, 2013, the Office of the Prosecutor acknowledged receipt of the communication and stated they "will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court," and assigned it reference no. OTP-CR-206/13.

Regarding the occupation of Hawaiian territory, the ICC is authorized under the Rome Statute to prosecute individuals for committing the following war crimes during an occupation:

Destruction and appropriation of property;
Denying a fair trial;
Unlawful deportation and transfer of persons to another State;
Unlawful confinement;
The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies;
Destroying protected objects dedicated to religion, education, art, science or charitable purposes, historic monuments;
Destroying or seizing the property of the Occupied State;
Compelling participation in military operations;
Outrages upon personal dignity;
Displacing civilians.

War Crimes Reported

On September 3, 2013, Judge, Rhonda A. Nishimura, Circuit Court of the First Circuit, State of Hawai'i, was reported to the United Nations Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, Geneva, Switzerland, for war crimes.

War Crime. Willfully depriving a person a fair and regular trial (Article 147, 1949 Geneva Convention, IV.
War Crime Victim. Maltbie Kame’eiamoku Napoleon
Court proceeding—Docket number: OTP-CR-283/13

On September 3, 2012, Judge Gary W.B. Chang, Land Court of the First Circuit, State of Hawai'i, was reported to the United Nations Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, Geneva, Switzerland, for war crimes.

War Crime. Willfully depriving a person a fair and regular trial (Article 147, 1949 Geneva Convention, IV.
War Crime Victim. Maltbie Kame’eiamoku Napoleon
Court proceeding—Docket number:

On December 13, 2013, Judge ALLENE R. SUEMORI, Family Court of the First Circuit, State of Hawai'i, was reported to the United Nations Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, Geneva, Switzerland, for war crimes.

War Crime. Willfully depriving a person a fair and regular trial. (Article 147, 1949 Geneva Convention, IV)
War Crime. Appropriation of property, not justified by military necessity. (Article 147, 1949 Geneva Convention, IV.)
War Crime Victim. Maltbie Kame’eiamoku Napoleon
Court proceeding—Docket number:

On December 13, 2013, Judge PATRICK W. BORDER, Circuit Court of the First Circuit, State of Hawai'i, was reported to the United Nations Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch-Complaint Procedure Unit, Geneva, Switzerland, for war crimes.

War Crime. Willfully depriving a person a fair and regular trial. (Article 147, 1949 Geneva Convention, IV)
War Crime Victim. Maltbie Kame’eiamoku Napoleon
Court proceeding—Docket number: