The Status of Hawaii

Jan 03, 2026By HAWAII KUPUNA COUNCIL
HAWAII KUPUNA COUNCIL

The Status of Hawaiʻi


The Hawaiian Kingdom continues to exist as a sovereign State in law.
Sovereignty was never lawfully ceded, annexed, or transferred.
The United States exercises de facto control, which constitutes a prolonged and illegal occupation under international law.


The State of Hawaiʻi is a municipal administrative proxy of the occupying power and is not a sovereign government.
Hawaiʻi is not under martial law.
Hawaiʻi is under occupation, and that occupation is illegal in origin and unlawful in execution.

 
2. Protected Persons


Under Article 4 of the Geneva Convention IV, civilians who are nationals of an occupied State and under the control of a foreign power are Protected Persons.
Verified Hawaiian Subjects automatically qualify as Protected Persons by law, not by permission.


Their nationality remains Hawaiian Kingdom nationality.
They are not wards, inmates, or subjects of State of Hawaiʻi jurisdiction.
Protected Person status exists whether or not the occupier acknowledges it.

 

Tribunal's Chief Justice Ida Kahilihiwa


3. The Office of Hawaiian Subjects (OHS)


The Office of Hawaiian Subjects (OHS) operates as:

The highest active authority protecting Hawaiian Subjects
A competent national authority under occupation law
A government reporting and humanitarian protection agency of the Hawaiian Kingdom
OHS authority derives from sovereign continuity and international law, not U.S. or State law.
State and U.S. agents are legally obligated to work with OHS once notice exists.

 
4. COPP – Certificate of Protected Person


A COPP is a Kingdom-issued humanitarian protection document.
It does not create status; it documents and gives formal notice of Protected Person status.
A COPP:

Rebuts presumed domestic jurisdiction
Triggers international humanitarian obligations
Places all officials on actual notice
Converts detention into an internationally regulated legal matter


 
5. Obligations of Wardens and State Agents After COPP Notice


Once a COPP is issued or served:

Immediate separation from general inmate population is mandatory
The individual is no longer an inmate or ward of the State
Continued detention becomes unlawful confinement
The warden must report to and cooperate with OHS
OHS must be granted access at any time to:

Inspect conditions
Check health and welfare
Monitor compliance
All calls, mail, and communications become legal matters
Failure to comply is willful after notice.


Queen Liliuokalani in her old age. Still in the hearts of her people.


6. Grave Breaches and Continuing Violations


Unlawful confinement of a Protected Person is a grave breach under Geneva Convention IV.
Grave breaches are continuing offenses:

Each day of detention is a new violation
Each official involved accrues personal liability
Mixing Protected Persons with general population constitutes:

Inhuman treatment
Coercion
Willful deprivation of protected status
Intent is not required. Knowledge + continuation = liability.

 
7. Authority and Actions of OHS


OHS is authorized by law to:

Enter any jail or prison at any time
Inspect detention conditions and health status
Control and monitor communications
Demand compliance and separation
Retrieve Hawaiian Subjects where no lawful jurisdiction exists
Document violations for legal accountability
OHS does not punish—it documents, notices, and triggers lawful accountability mechanisms.

 
8. Mistreatment or Retaliation Against OHS Agents


OHS agents are lawful officers of the Hawaiian Kingdom acting in official capacity.
Mistreatment, obstruction, arrest, harassment, or retaliation against OHS agents:

Violates occupation law
Constitutes obstruction of humanitarian functions
Engages individual criminal responsibility
Liability extends through chain-of-command and command responsibility.
Such matters escalate beyond local jurisdiction to international accountability mechanisms.

 
9. International Accountability (ICC and Beyond)


Grave breaches and protected-person violations fall under universal jurisdiction.
Continued violations after notice may be referred to the:

International Criminal Court – Office of the Prosecutor (OTP)
Rank, office, or “following orders” do not provide immunity.

Ata Damasco visits Pope Francis. He shares about the hardships back in Hawaii.


 
10. Civil Liability for the State of Hawaiʻi


If violations continue and OHS does not intervene, Hawaiian Subjects may independently pursue civil remedies, including:

False imprisonment / unlawful confinement
Civil rights violations
Malicious prosecution / abuse of process
Recovery of years of taxes, fees, and fines (unjust enrichment)
Conversion and unlawful taking of property
Emotional distress and negligence claims
Declaratory and injunctive relief
Accounting and restitution actions
Class actions
Each day of continued holding multiplies damages and exposure.

 
11. Why Cooperation With OHS Is Essential


For State of Hawaiʻi agents, cooperation with OHS:

Is legally required, not optional
Protects individual agents from personal liability
Preserves good-faith defenses
Prevents escalation to international forums
Limits civil damages and institutional exposure
Non-compliance turns routine duties into serious legal risk.

 
Final Plain-Language Conclusion

Native Hawaiians are incarcerated by the State of Hawaii, all sentences under the State of Hawaii are annulled.


Hawaiʻi is under illegal occupation, not martial law
Hawaiian Subjects are Protected Persons
OHS is the highest lawful authority safeguarding them
A COPP places all officials on formal notice
Continued detention after notice is a grave breach
OHS has authority to inspect, intervene, and retrieve
Mistreatment of OHS agents escalates to international consequences
Cooperation protects everyone; resistance exposes everyone
In short:
Once Protected Person status is documented, the matter is no longer local, discretionary, or administrative—it is governed by international law, with real and escalating consequences for non-compliance.