Historical and Legal Context

Prior to the overthrow, the Hawaiian Kingdom was an internationally recognized sovereign state with treaties with the United States 1. These treaties established a relationship of friendship, commerce, and navigation between the two nations. However, the growing economic and political influence of American businessmen in Hawai’i led to tensions that were exacerbated by the McKinley Tariff of 1890 2. This tariff sharply raised U.S. import tariffs, ending the Hawaiian sugar industry's dominance in the North American market and depressing prices, pushing Hawai’i into economic and political turmoil.

Further contributing to the instability was the Bayonet Constitution of 1887 3. This constitution, forced upon King Kalākaua by businessmen and politicians, stripped the monarch of much of his power and shifted political control to wealthy landowners, many of whom were American or of American descent. The Bayonet Constitution disenfranchised many Aboriginal Hawaiians by imposing property and income requirements for voting, weakening the monarchy and paving the way for the eventual overthrow.

On January 17, 1893, a group of businessmen and lawyers, primarily of American descent, formed the Committee of Safety and staged a coup d'état against Queen Liliʻuokalani 4. With the support of U.S. Minister John L. Stevens, who ordered the landing of U.S. Marines from the USS Boston, the Committee of Safety overthrew the Queen and established a Provisional Government. This act was a direct result of the Queen's attempt to promulgate a new constitution that would restore power to the monarchy and strengthen the rights of Aboriginal Hawaiians. The Committee of Safety, fearing a loss of their political and economic control, acted swiftly to depose the Queen.

Legality Under the Laws of War

The Laws of War, also known as international humanitarian law, govern the conduct of armed hostilities. Key principles include military necessity, distinction, proportionality, humanity, and honor 5. Applying these principles to the overthrow of the Hawaiian Kingdom raises several concerns.

Analysis of the Laws of War

The Laws of War, codified in treaties such as the Hague Conventions and the Geneva Conventions, aim to regulate armed conflict and protect civilians and non-combatants. The U.S. actions in Hawaii violated several key provisions of these laws.

• Military Necessity: The U.S. intervention lacked a valid legal basis under the Laws of War. There was no declaration of war by the United States, and the use of force was not justified by self-defense6. The landing of U.S. Marines was a violation of Hawaiian sovereignty and an act of aggression under international law. This action cannot be justified by military necessity, as there was no legitimate military objective to be achieved.

• Distinction: The U.S. actions violated the principle of distinction, which requires parties to an armed conflict to distinguish between combatants and non-combatants 7. By supporting the Committee of Safety, the U.S. military directly participated in the overthrow of a legitimate government, failing to distinguish between those engaged in hostilities and the civilian population. This intervention had a direct impact on the civilian population and the political stability of the Hawaiian Kingdom.

• Proportionality: The principle of proportionality requires that the use of force be proportionate to the military advantage sought 8. The use of U.S. military force was disproportionate to any alleged threat to American interests in Hawai’i 9. The overthrow was achieved through a show of force and the threat of violence, rather than through peaceful means or negotiations. The deployment of U.S. Marines to support a small group of businessmen cannot be considered a proportionate response to the political situation in Hawai’i.

Legality Under U.S. Law

The U.S. Constitution establishes a framework for the federal government with a system of checks and balances 10. The overthrow of the Hawaiian Kingdom raises questions about the legality of U.S. actions under its own domestic law.

Analysis of U.S. Law

The U.S. Constitution grants the power to declare war to Congress, not the President 11. Minister Stevens' actions in recognizing the Provisional Government and ordering the landing of U.S. Marines were taken without Congressional approval, exceeding his authority and violating the principle of separation of powers enshrined in the Constitution 12. This unauthorized use of military force undermines the constitutional framework and sets a dangerous precedent for executive overreach in foreign policy.

Furthermore, the U.S. government's subsequent actions in annexing Hawai’i in 1898 were also questionable under U.S. law. The annexation treaty was initially withdrawn by President Cleveland due to concerns about the legality of the overthrow 13. However, the annexation was later achieved through a joint resolution of Congress, bypassing the treaty process and raising questions about the validity of the annexation under international law. This act raises concerns about the U.S. government's commitment to the rule of law and its respect for international norms.

International Law and Human Rights

International law governs relations between states and provides a framework for peaceful coexistence and cooperation 14. The overthrow of the Hawaiian Kingdom violated fundamental principles of international law, including the prohibition on the use of force against the territorial integrity or political independence of another state 15. This principle, enshrined in the U.N. Charter, is a cornerstone of the international legal order and is essential for maintaining peace and stability.

The U.S. intervention in Hawai’i also violated human rights standards. The Universal Declaration of Human Rights, adopted in 1948, recognizes the right to self-determination and the right to participate in government 16. The overthrow denied Aboriginal Hawaiians these fundamental rights, suppressing their political voice and undermining their right to self-governance. The human rights framework, based on principles of universality and indivisibility 17, emphasizes the inherent dignity and worth of all individuals and the importance of protecting their fundamental rights.

The concept of jus cogens in international law refers to peremptory norms that are considered fundamental and non-derogable 18. These norms, such as the prohibition on genocide, slavery, and torture, reflect the most basic values of the international community. The overthrow of the Hawaiian Kingdom, by violating the prohibition on the use of force and the right to self-determination, can be seen as a violation of jus cogens norms.

Key Insight: The overthrow of the Hawaiian Kingdom serves as a case study for the challenges of protecting self-determination in the face of external interference and power imbalances 14. It highlights the vulnerability of aboriginal peoples and the need for stronger international mechanisms to protect their rights.

Legal Challenges and Cases

The overthrow of the Hawaiian Kingdom has been the subject of legal challenges and cases over the years. In 1893, Queen Liliʻuokalani formally protested the overthrow, asserting that her authority had been illegally seized 4. However, her efforts to regain power were unsuccessful.

In 1993, the U.S. Congress passed a resolution acknowledging the illegal overthrow and offering an apology to Aboriginal Hawaiians 21. This resolution recognized the role of U.S. agents in the overthrow and the violation of international law.

More recently, there have been efforts to seek legal redress through international forums. In 2001, the Permanent Court of Arbitration heard the case of Larsen v. Hawaiian Kingdom, which challenged the legality of the U.S. presence in Hawai’i 21. While the tribunal ultimately declined to rule on the merits of the case, it acknowledged the historical context of the overthrow and the ongoing debate over Hawaiian sovereignty.

Historical Accounts and Primary Sources

Historical accounts and primary sources provide valuable insights into the events surrounding the overthrow. The Blount Report, commissioned by President Cleveland, concluded that the overthrow was illegal and that U.S. Minister Stevens had acted improperly in recognizing the Provisional Government and ordering the landing of U.S. Marines 21. This report provides crucial evidence of U.S. complicity in the overthrow and contradicts the claim that the Marines were called in solely to protect American lives 23.

Queen Liliʻuokalani's own account, published in her book "Hawaii's Story by Hawaii's Queen," provides a firsthand perspective on the overthrow and its impact on the Hawaiian people. Her account details the events leading up to the coup, the role of foreign businessmen, and the Queen's efforts to resist the overthrow.

Other primary sources, such as the "W.O. Smith" note, reveal the extent of U.S. involvement in the coup 24. This note, written by Lorrin A. Thurston, a leader of the Committee of Safety, to U.S. Minister Stevens, reveals that Stevens actively advised the Committee on how to seize power and instructed them to keep his recognition of the Provisional Government secret until they had control of the police station. This document provides concrete evidence of collusion between the Committee of Safety and the U.S. government in the overthrow of the Hawaiian Kingdom.

Conclusion

The overthrow of the Hawaiian Kingdom was a clear violation of international law, U.S. law, and human rights standards. The U.S. intervention lacked a legal basis, violated Hawaiian sovereignty, and denied Native Hawaiians their right to self-determination. While the U.S. government has acknowledged the illegal overthrow, the legacy of this event continues to shape the political and legal landscape of Hawaii today.

The overthrow had profound and lasting consequences for Aboriginal Hawaiians. It led to the dispossession of Aboriginal Hawaiians from their ancestral lands and the erosion of their cultural practices 25. The loss of land and the imposition of foreign economic and political systems had devastating social and cultural impacts on Aboriginal Hawaiians, contributing to economic marginalization, health disparities, and the loss of traditional knowledge and practices.

The overthrow continues to fuel the movement for Hawaiian self-determination. This movement takes various forms, including legal challenges, political activism, and cultural revitalization. Aboriginal Hawaiians are actively engaged in efforts to reclaim their sovereignty, restore their cultural heritage, and achieve justice and reconciliation for the wrongs committed against their people.

The overthrow of the Hawaiian Kingdom stands as a stark reminder of the enduring consequences of colonialism. It highlights the need for continued vigilance in protecting the rights of first peoples and the importance of upholding international law and human rights standards in all circumstances.

Works cited

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