Hawaiian Kingdom Government Seeks
Interim Measure of Protection from the
Arbitral Tribunal against the United States

July 3, 2000

    The Hawaiian Kingdom Government, in its Counter-Memorial of June 22, 2000, made a unilateral request to the Arbitral Tribunal for an interim Order of protection against the United States of America. Before the Arbitral Tribunal can proceed with the claim of Mr. Larsen, the request for the Order has taken priority in these arbitral proceedings. Although the United States of America is not a party to the Lance Larsen vs. the Hawaiian Kingdom arbitration case, the Hawaiian Kingdom cited an international court case where that Court granted an Order for interim protection even though the other party did not join in the proceedings. The Arbitral Tribunal is requested to indicate that:

"The United States Government, to include the State of Hawai'i as its organ, should take all measures at its disposal to ensure its compliance with the 1907 Hague Conventions IV and V as they are applicable to the territorial dominion of the Hawaiian Kingdom, and should inform the Secretary General of the United Nations, or some duly authorized body, of all the measures which it has taken in implementation of that Order."

    The 1907 Hague Conventions IV and V mandate that an occupational government is compelled to administer the law of the occupied Nation and not the laws of the occupier, and if it violates this law it stands liable for reparations owed to the occupied Nation and its inhabitants. By this request, the Hawaiian Kingdom Government, is requesting the Arbitral Tribunal to issue an Order compelling the United States of America, which includes the State of Hawai'i, to exclusively administer Hawaiian Kingdom law within the Hawaiian Islands, and to report their progress in the implementation of that Order to the Secretary General of the United Nations or some other authorized body. Presently, the United States is in violation of international law because it hasn't been administering Hawaiian Kingdom Civil, Criminal and International Treaty laws since its illegal occupation of the Hawaiian Islands in 1898.

    Accompanying the Hawaiian Kingdom Government's request for an interim Order, it explains that the United States of America has and continues to commit an "international crime" as defined by the United Nation's International Law Commission. The Commission defines an international crime as "an internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as a whole..."

    In its Counter-Memorial, the Hawaiian Kingdom stated that: "The failure of the United States Government to execute both the civil and penal laws of the Hawaiian Kingdom while illegally occupying the islands, not only affected the property rights of subjects of the Hawaiian Kingdom resident in the Hawaiian Islands, but the property rights of all other residents, foreign nationals or otherwise, residing or doing business in the islands. Since the illegal occupation, and continuing through today, both domestic taxation and the collection of duties upon foreign imports are administered and collected under the auspices of United States law and not in accordance with Hawaiian Kingdom law. Moreover, the transference of property, both real and personal, by subjects of the Hawaiian Kingdom or citizens or subjects of foreign States, are subject to Hawaiian Kingdom law and not the domestic laws of an occupying government. In addition, commercial treaties concluded between the Hawaiian Kingdom and other independent States, engage that the nationals of these States, while resident within the Hawaiian Kingdom are to be afforded the equal protection of Hawaiian Kingdom law. As these treaties remain intact they are still binding upon the high contracting States and their nationals, which includes the United States of America."

    The international court case cited by the Hawaiian Kingdom in its Counter-Memorial to support its request for the Order is the case concerning United States Diplomatic and Consular Staff in Tehran (1980) at the International Court of Justice. There the Court granted the United States an interim measure of protection and later judgment against Iran, even though Iran did not join in the proceedings. The Order was also used by the United States as a basis for reparations against Iran in an arbitration case between the two countries that followed years later.

• The Interim Measure of Protection of the U.S./Iran (1980) case

• The Judgment of the U.S./Iran (1980) case