1. The Hawaiian Kingdom: A Sovereign State

International Recognition

The Hawaiian Kingdom was internationally recognized as a sovereign state by multiple nations, including the United States, through treaties such as:

• Anglo-Franco Proclamation of 1843: Britain and France formally recognized Hawai’i’s independence.

• Treaties with Major Powers: The Hawaiian Kingdom signed treaties with 20 nations, including the United States, Great Britain, France, and Japan.

• U.S.-Hawaiian Treaty of Friendship, Commerce, and Navigation (1849): This treaty established perpetual peace and friendship between the two nations.

Under customary international law, a state with defined territory, government, and capacity to enter into relations with other states is sovereign.

Hawaiian Constitutional Framework

The Kingdom’s governance was based on the Constitution of 1864, which established a constitutional monarchy. Sovereignty was vested in the monarch, supported by the Legislative Assembly and the Council of Nobles.

2. The Overthrow of the Hawaiian Kingdom

The Role of the United States

In 1893, a group of non-Hawaiian residents, supported by U.S. military forces, overthrew Queen Lili’uokalani. The role of the United States was critical:

• January 16, 1893: U.S. troops from the USS Boston landed in Honolulu, ostensibly to protect American lives and property but instead provided de facto support to the insurgents.

• January 17, 1893: Queen Lili’uokalani, faced with superior force, yielded her authority under protest to avoid bloodshed, trusting that the United States would restore her government.

Violation of the U.S. Constitution

The overthrow contravened several principles of the U.S. Constitution:

1. Article I, Section 8: Congress, not the Executive, has the power to declare war or annex foreign territory. The landing of U.S. troops without Congressional authorization constituted an act of war.

2. Treaty Clause (Article II, Section 2): Annexation requires a treaty ratified by two-thirds of the Senate. The attempted annexation of Hawai’i by joint resolution (1898) violated this requirement.

President Cleveland’s Response

President Grover Cleveland, in his December 18, 1893 message to Congress, acknowledged the illegality of the overthrow:

“...an act of war, committed with the participation of a diplomatic representative of the United States and without the authority of Congress.”

Cleveland’s administration called for the restoration of the Hawaiian Kingdom, but political resistance in Congress thwarted this effort.

3. International Law and the Overthrow

Violation of Sovereignty

Under the Hague Conventions (1899, 1907) and customary international law, the overthrow of a sovereign state is prohibited:

• Article 1 of the Hague Regulations (1907): Requires that war be declared and conducted with due process.

• Article 43: Mandates the occupying power to respect the laws of the occupied state unless absolutely prevented.

Breach of Treaties

The overthrow and subsequent annexation violated treaties of perpetual friendship and peace between the Hawaiian Kingdom and the United States.

Laws of War

The landing of U.S. troops without a formal declaration of war violated the Laws of War under the Geneva Conventions and the Hague Regulations.

4. Human Rights Violations

Denationalization and Cultural Genocide

The occupation has led to systematic efforts to erase Hawaiian identity:

• Education Act of 1896: Banned the teaching of the Hawaiian language in schools, violating cultural rights under international law.

• Forced Allegiance: Hawaiians were compelled to adopt U.S. citizenship, violating their right to self-determination under the UN Charter (1945) and the Universal Declaration of Human Rights (1948).

Economic Dispossession

Hawaiians were dispossessed of their lands through the illegal transfer of Crown and Government lands to the U.S. federal government.

• Apology Resolution (1993): Acknowledged that Aboriginal Hawaiians “have never directly relinquished their claims to their inherent sovereignty as a people.”

5. Belligerent Occupation and the Hawaiian Kingdom

Legal Framework of Occupation

Under the Law of Belligerent Occupation, the Hawaiian Kingdom remains a sovereign state under illegal occupation:

1. Hague Regulations (1907), Article 42: Territory is considered occupied when under the authority of a foreign military.

2. Geneva Convention (IV), Article 47: Prohibits annexation or altering the status of an occupied territory.

3. Geneva Convention (IV), Article 54: Prohibits the occupying power from altering the status of public officials.

Continuity of the Hawaiian Kingdom

International law maintains that sovereignty does not lapse due to occupation. The Hawaiian Kingdom remains the de jure government, with its monarch as the rightful head of state.

6. Remedies and Path Forward

Reaffirmation of Sovereignty

• Restoration of the Hawaiian Kingdom: International law requires the restoration of sovereignty to the Hawaiian people and their government.

• Restitution and Reparations: The U.S. is obligated to compensate for the illegal overthrow and occupation, as per Article 35 of the Articles on Responsibility of States for Internationally Wrongful Acts (2001).

7. Sources

1. Hague Regulations (1907)

2. Geneva Convention (IV)

3. United Nations, Universal Declaration of Human Rights (1948)

4. President Grover Cleveland’s Message to Congress, December 18, 1893

5. Law of War Manual, United States Department of Defense (2023)

6. Apology Resolution (U.S. Public Law 103-150), 1993

7. Articles on Responsibility of States for Internationally Wrongful Acts (2001)

8. Liliʻuokalani, Hawai’i’s Story by Hawai’i’s Queen (1898)