Tribunal Ruling on State of Hawaii's Prisons To Release to Kingdom of Hawaii

Kupuna Tribunal Issues Landmark Ruling on Jurisdiction, Repatriation, and the Protection of Hawaiian Subjects

By Hawaiʻi Kupuna Humanitarian Tribunal Communications Office
Published: December 5, 2025

The Hawaiʻi Kupuna Humanitarian Tribunal (HKHT), operating under the cultural authority of the Hawaiʻi Kupuna Council and the lawful continuity of the Hawaiian Kingdom, has issued a historic ruling that reaffirms the status of Hawaiian Subjects as Protected Persons under international humanitarian law and establishes new directives for their protection during the ongoing occupation.

This ruling—rooted in the Tribunal’s humanitarian mandate, kupuna guidance, and the Office of Hawaiian Subjects’ (OHS) legal responsibilities—marks one of the most consequential declarations issued in the modern era of the Hawaiian Kingdom’s restoration efforts.

 
A Pivotal Determination: No Jurisdiction Over Hawaiian Subjects
The Tribunal affirmed unequivocally that the United States and its administrative proxy, the State of Hawaiʻi, do not possess lawful jurisdiction over Hawaiian Subjects.

Under Geneva Convention IV, Hawaiian Subjects are recognized as Protected Persons who cannot be:

Arrested
Detained
Prosecuted
Sentenced
by the domestic courts of an occupying power.

The Tribunal emphasized that any court proceedings, penal sentences, or detentions applied to Hawaiian Subjects by State of Hawaiʻi agencies constitute violations of international humanitarian law, and may rise to the level of war crimes under Article 147 of Geneva IV.

 
A New Mandate: Monthly Repatriation of Hawaiian Subjects
One of the most significant outcomes of the ruling is the formal empowerment of the Office of Hawaiian Subjects to begin repatriating up to fifteen (15) Hawaiian Subjects per month from State of Hawaiʻi custody.

This includes individuals:

Serving life sentences
Serving short-term sentences
Awaiting trial or sentencing
Detained pre-trial
OHS officers, guided by kupuna authority and international protections, will coordinate these humanitarian repatriations each month to restore Hawaiian Subjects into Kingdom custody and safeguard their rights, identity, and well-being.

 
Obligation of the State of Hawaiʻi to Cooperate
The Tribunal ruling directs the State of Hawaiʻi to work collaboratively and without obstruction with:

The Office of Hawaiian Subjects
The Hawaiʻi Kupuna Council
The Hawaiʻi Kupuna Humanitarian Tribunal
The State is mandated to recognize the humanitarian authority of these Kingdom institutions and, as required under occupation law, to refrain from obstructing or interfering with their protective functions.

 
Prohibition on Court Operations Against Hawaiian Subjects
In accordance with Kingdom law and humanitarian standards, the Tribunal ruled that all State of Hawaiʻi courts and judicial bodies are prohibited from conducting proceedings involving Hawaiian Subjects.

This prohibition is not new—such court operations have been unlawful throughout the entire period of occupation—but the ruling formally reasserts and documents it for both domestic and international review.

 
Consequences for Non-Compliance
The Tribunal made clear that any State of Hawaiʻi agent—judge, prosecutor, police officer, sheriff, or corrections employee—who violates this ruling may be individually referred to the International Criminal Court (ICC/OTP).

Violations may include:

Continued arrest or detention of Hawaiian Subjects
Refusal to release Subjects upon OHS order
Attempts to prosecute or sentence
Interference with repatriation efforts
There is no immunity and no statute of limitations for these categories of humanitarian violations.

 
A Message from the Kupuna Council
Kupuna leaders emphasized that this ruling is not adversarial, but restorative:

“This Tribunal exists to protect our people with dignity, pono, and cultural integrity.
We act not in anger, but in kuleana.
The world recognizes our rights, and now we stand firmly to uphold them.”
 
What This Means for the Lāhui
This ruling strengthens the Kingdom’s protective structures and reaffirms:

The continuity of the Hawaiian Kingdom
The legal and humanitarian rights of Hawaiian Subjects
The cultural authority of kupuna
The responsibilities of the occupying power under international law
It also provides a clear pathway for Hawaiian Subjects currently held under State control to be returned safely, compassionately, and lawfully to the care of the Hawaiian Kingdom.

 
Next Steps: Implementation & Public Guidance
In the coming weeks, OHS will:

Release a public schedule for repatriation operations
Publish Protected Person guidance for families
Provide community briefings and webinars
Issue facility-specific notices to State agencies
The Tribunal will also maintain a public record of compliance and non-compliance for international reporting.

 
In Closing
This ruling stands as a powerful affirmation of kupuna authority, indigenous rights, and the enduring sovereignty of the Hawaiian Kingdom. It signals a new chapter in the protection of Hawaiian Subjects and reinforces the Kingdom’s lawful position before the world.

The lāhui continues forward—with truth, with courage, and with aloha.