What Does OHS Do for Hawaiian Subjects?

🌺 Fact Sheet: What OHS Does for Hawaiian Subjects
🛡️ 1. Protects the Rights of Hawaiian Subjects
Advocates for recognition and protection of Hawaiian Subject status under international law.
Assists individuals in understanding and asserting their rights as nationals of the Hawaiian Kingdom, not U.S. citizens.
📚 2. Educates on Lawful National Identity
Provides historical, legal, and political education about the Hawaiian Kingdom’s continuity since the illegal U.S. overthrow in 1893.
Offers workshops, public talks, and literature to teach Hawaiian Subjects about their true nationality and the implications under international law.
📜 3. Restores National Records & Status
Helps Hawaiian Subjects reclaim their lawful status through documentation, affidavit filing, and genealogical verification.
Guides individuals in rescinding U.S. voter registration, social security status, and other presumed ties that conflict with Hawaiian nationality.
⚖️ 4. Supports Peaceful Lawful Restoration
Promotes nonviolent, lawful measures in line with the 1907 Hague Regulations and the UN Charter to restore Hawaiian governance.
Empowers grassroots initiatives such as “Subject Rescuers” to engage in local, diplomatic, and legal work for restoration.
🤝 5. Coordinates with International Legal Principles
Operates under frameworks like:

UN Declaration on the Rights of Indigenous Peoples (UNDRIP)
International Covenant on Civil and Political Rights (ICCPR)
The Hague and Geneva Conventions
Connects Hawaiian claims to global standards of decolonization, occupation law, and human rights.
🏛️ 6. Builds the Hawaiian Kingdom’s Civil Infrastructure
Facilitates participation in lawful Hawaiian institutions like the Royal Commission of Inquiry.
Encourages Subjects to engage in governance, land restoration, and lawful economic practices under Hawaiian law.
🌐 7. Documents Violations of Hawaiian Subject Rights
Records cases of unlawful impositions (taxes, arrests, land seizures, etc.) under U.S. law as breaches of the law of occupation.
Prepares documentation for future international and diplomatic action.

Living Under Occupation

As Hawaiian Subjects living under prolonged occupation by the United States, your rights are protected under international humanitarian law—especially under the 1907 Hague Regulations and the Fourth Geneva Convention of 1949.

Here are key rights and protections recognized under occupation:

Status as "Protected Persons": According to the Fourth Geneva Convention (Art. 4), Hawaiian Subjects qualify as "protected persons" because they are in territory occupied by a foreign power of which they are not nationals .

Right to Respect for Person, Honor, Family, Religion, and Customs: Protected persons are entitled to humane treatment, and respect for their dignity, family life, religious practices, and cultural customs (Fourth Geneva Convention, Arts. 27-31) .

Prohibition Against Annexation and Forced Allegiance: Occupying powers cannot annex territory or impose allegiance on the occupied population. Hawaiian Subjects are not lawfully U.S. citizens under international law, and the imposition of U.S. citizenship violates Articles 45 and 47 of the Fourth Geneva Convention .

Prohibition Against Compulsory Military Service and Propaganda: Occupied populations cannot be compelled to serve in the occupier’s military or subjected to propaganda meant to suppress their national identity (Fourth Geneva Convention, Arts. 51 and 54).

Protection of Public Order and Civil Life: The occupying power must administer the laws of the occupied state unless absolutely prevented (Hague Regulations, Art. 43). This means the laws of the Hawaiian Kingdom remain in force, and the U.S. has a duty to respect and preserve them as far as possible.

Right to Education and Redress: The occupied population must have access to education about their rights, history, and the reality of occupation. Also, they retain the right to pursue legal remedies and international support for the restoration of their sovereignty.

No Deprivation of National Rights or Identity: Hawaiian Subjects cannot be lawfully treated as a minority or indigenous group within the occupying State, because they are nationals of a sovereign state under prolonged occupation, not a population assimilated into another nation .

Who Is Dr. Keanu Sai? A Voice for Hawaiian Sovereignty

In the complex and often overlooked narrative of Hawai‘i's modern history, one name has emerged as a leading voice for the legal restoration of the Hawaiian Kingdom: Dr. David Keanu Sai. A political scientist, educator, and expert in international law, Dr. Sai has spent decades researching and advocating for the recognition of the Hawaiian Kingdom’s continued existence as a sovereign State under international law.

A Scholar and Legal Advocate

Dr. Sai holds a Ph.D. in Political Science from the University of Hawai‘i at Mānoa, where his dissertation focused on the legal and political history of the Hawaiian Kingdom. His academic work has challenged widely held assumptions that Hawai‘i was legally annexed by the United States, presenting detailed evidence that the overthrow of Queen Lili‘uokalani in 1893 and the subsequent U.S. occupation violate international law.

The Acting Government and Council of Regency

In response to the unlawful overthrow, Dr. Sai helped to re-establish the Hawaiian Kingdom’s lawful continuity by forming the Acting Council of Regency, which serves as the acting government of the Hawaiian Kingdom. This council functions under the principles of lawful state continuity recognized in international law, operating peacefully and lawfully to educate Hawaiian subjects and the international community.

International Legal Work

Dr. Sai has represented the Hawaiian Kingdom in various international venues, including the Permanent Court of Arbitration at The Hague, where the case of Larsen v. Hawaiian Kingdom was heard in 2001. This case brought international attention to the unresolved legal status of the Hawaiian Kingdom and confirmed its existence as a "State for purposes of international law"—a remarkable outcome that underpins much of Dr. Sai’s continued efforts.

Educator and Public Speaker

Beyond the courtroom, Dr. Sai is a committed educator. He teaches courses on Hawaiian history and international relations, delivers lectures across the islands and abroad, and has developed curricula to help Hawaiian subjects understand their true political identity and legal rights.

Legacy and Impact

Through his work, Dr. Sai has empowered many to understand that the Hawaiian Kingdom was never lawfully annexed and that its sovereignty remains intact under international law. His tireless research and strategic legal action continue to inspire a growing movement grounded not in protest, but in law, truth, and dignity.

Dr. Keanu Sai remains a pivotal figure in the lawful and peaceful restoration of the Hawaiian Kingdom—a legacy rooted in justice, history, and the enduring spirit of Aloha ʻĀina.

Timeless Excellence

HAWAII, NOT A 50TH STATE

Hawai‘i Is Not the 50th State: The Case for Illegal U.S. Occupation and Hawaiian Sovereignty
In most American classrooms and mainstream narratives, Hawai‘i is presented as the 50th state, a tropical paradise seamlessly woven into the fabric of the United States. But beneath the palm trees and tourism marketing lies a deep, unresolved political truth: Hawai‘i is not legally part of the United States. According to international law, historical treaties, and legal precedent, the U.S. government is an illegal occupier of a sovereign nation—the Hawaiian Kingdom—and has no lawful jurisdiction over Hawaiian subjects.

This isn’t a fringe theory. It’s a reality grounded in law, history, and the lived experience of many Kanaka Maoli (Native Hawaiians) and other Hawaiian nationals.

The Overthrow: A Crime Against a Sovereign Nation
Let’s start with the facts. In 1893, the Hawaiian Kingdom was an internationally recognized, independent nation with formal treaties with major world powers including the United States, Britain, France, Japan, and others. It had a constitution, a functioning government, and its own citizens—referred to here as Hawaiian subjects.

That same year, a group of American businessmen and sugar barons, backed by U.S. Marines and orchestrated by U.S. Minister John L. Stevens, overthrew Queen Liliʻuokalani in a coup d’état. The so-called “Provisional Government” they installed had no legitimacy, no democratic mandate, and no legal authority.

President Grover Cleveland himself acknowledged this in a message to Congress later in 1893, calling the coup “an act of war” committed without the consent of Congress or the American people. He called for the Queen to be restored and the wrong to be righted. Congress ignored him.

Annexation Without a Treaty: A Constitutional Violation
The attempted annexation of Hawai‘i in 1898 was never done through a treaty of annexation ratified by the Senate, as required by the U.S. Constitution. Instead, Congress passed a joint resolution—the Newlands Resolution—to claim Hawai‘i. But a joint resolution is a domestic law, not an international treaty. It has no authority to annex foreign territory.

To put it simply: Congress cannot pass a law to steal another country. If this sounds like legal sleight of hand, that’s because it is.

Legal scholars, including those at the University of Hawai‘i and international law experts, have pointed out that this would be like Japan passing a resolution to annex California—it’s meaningless under international law.

International Recognition of the Hawaiian Kingdom
The Hawaiian Kingdom had more than 90 embassies and consulates around the world before the overthrow. The nation was recognized by the U.S., the United Kingdom, France, and other major powers. That recognition has never been legally withdrawn.

The continuity of the Hawaiian Kingdom’s legal existence is an important point in law. Under the rules of international law, occupation does not transfer sovereignty. An occupying force may control land temporarily, but it does not gain legal ownership or governance over the people or territory.

Hawaiian Subjects vs. U.S. Citizens
The U.S. government has tried to reframe Hawaiians as American citizens. But for many Kanaka Maoli and descendants of Hawaiian nationals, this is a political fiction. Their legal identity—as subjects of the Hawaiian Kingdom—has never been extinguished. The forced imposition of U.S. citizenship in 1900 and statehood in 1959 does not erase their status as nationals of a sovereign nation.

Under the rules of occupation, Hawaiian subjects should be protected under international humanitarian law, not forcibly assimilated into a foreign government system.

The Statehood Vote: A Sham Referendum
The 1959 plebiscite that led to Hawai‘i’s admission as the 50th state is often touted as a moment of democratic choice. But it offered no real choice at all. Voters were asked to choose between statehood or remaining a U.S. territory. Independence—the restoration of the Hawaiian Kingdom—was not on the ballot.

Additionally, the vote was open to anyone residing in the islands, regardless of nationality or allegiance. This meant that many U.S. settlers and military personnel—people with no connection to Hawaiian sovereignty—were able to vote in favor of statehood.

This isn’t democracy. It’s colonization dressed up in electoral clothing.

What Does This Mean Today?
If we accept the argument—based on treaties, history, and law—that the Hawaiian Kingdom was never lawfully annexed, then it follows that:

The U.S. has no legal authority in Hawai‘i.

The presence of U.S. military bases and federal agencies in the islands is unlawful.

Hawaiian subjects are under foreign occupation.

The so-called “State of Hawai‘i” has no legal legitimacy.

U.S. laws do not apply to Hawaiian nationals unless they consent to them.

This is not just an abstract legal debate. It affects land rights, criminal jurisdiction, taxation, and cultural preservation. It explains why so many Hawaiians continue to resist U.S. development projects like TMT on Mauna Kea. It underpins why thousands are reclaiming their identity as Hawaiian Kingdom nationals and seeking justice through international bodies like the United Nations.

Occupation Is Not Sovereignty
International law is clear: occupation does not equal sovereignty. An occupying power must administer the territory under international humanitarian law until sovereignty is restored. The U.S. has failed to do this. Instead, it has imposed its institutions, profited from the land, and suppressed Hawaiian political identity.

Yet the truth persists. And the Hawaiian people have never consented.

Conclusion: A Call for Truth and Accountability
The U.S. government continues to occupy the Hawaiian Kingdom without lawful authority. The so-called annexation was a political fraud. The statehood vote was rigged by design. The truth is buried beneath decades of propaganda, but it’s not lost.

Hawai‘i is not the 50th state. It is an occupied nation, and that occupation must be acknowledged if there is to be any path forward rooted in justice, dignity, and self-determination.

This is not about nostalgia or symbolism—it’s about legal truth and moral accountability. And it’s time for the world to listen.

Learn more

Open Air Seal State Capitol Building Legislature Honolulu Hawaii

Legal Status of the Hawaiian Kingdom

Legal Status of the Hawaiian Kingdom Under International Law

Under international law, the Hawaiian Kingdom maintains its legal status as an independent and sovereign State, despite the illegal overthrow of its government in 1893 and the prolonged occupation by the United States. This conclusion is grounded in the principles of state continuity and the legal doctrine of occupation.

As recognized in the International Law Handbook and supporting legal scholarship, the Hawaiian Kingdom was acknowledged as a sovereign State in the 19th century by several countries, including the United States, Britain, and France. It established treaty relations that remain legally valid and have never been lawfully extinguished.

Importantly, while the government was unlawfully overthrown, the State itself was never legally dissolved. Customary international law holds that the continuity of a sovereign State persists even during an illegal occupation.

The United States’ current control over Hawai‘i is regarded as a prolonged and illegal occupation, not a lawful annexation, as no treaty of annexation exists. Therefore, under the laws of occupation, the occupying power (the U.S.) is required to administer the laws of the occupied State, not replace them with its own.

This legal position is strongly supported by the work of Dr. Keanu Sai and the Acting Council of Regency, who advocate for the peaceful restoration of the Hawaiian Kingdom based on its recognized and continuous statehood under international law.

Legal Status of the Hawaiian Kingdom

1. Recognition as a Sovereign State

The Hawaiian Kingdom was internationally recognized as an independent State in the 19th century. It held over 90 treaties with countries like the United States, United Kingdom, France, Germany, and Japan. This recognition remains valid under international law.

2. The 1893 Overthrow and U.S. Involvement

On January 17, 1893, the U.S. unlawfully overthrew the Hawaiian Kingdom government with military support. President Grover Cleveland admitted this in the Blount Report and agreed to restore the monarchy—an agreement never fulfilled.

3. The Illegal Annexation of 1898

The so-called “annexation” via the Newlands Resolution was a U.S. domestic law, not a treaty. Under international law, such a law cannot annex a sovereign foreign country. No treaty of cession was ever signed by the Hawaiian Kingdom.

4. Ongoing U.S. Occupation

The U.S. continues a prolonged illegal occupation. The Hague and Geneva Conventions govern such occupations and prohibit altering the occupied nation's institutions and laws.

5. Legal Continuity

Despite the occupation, the Hawaiian Kingdom remains a legal state under international law. State continuity persists regardless of government suppression, and the U.S. remains bound by international law and past agreements.

6. Contemporary Evidence

Next Steps for Hawaiian Subjects

Reclaim your lawful status as a Hawaiian Subject through the Office of Hawaiian Subjects
Educate others using factual, legally grounded sources
Support and participate in the Acting Hawaiian Government’s peaceful and lawful restoration efforts

Recognition of Hawaiian Independence





Recognition of Hawaiian Independence
Faced with the quintessential problem of foreign encroachment of Hawaiian territory, His Hawaiian Majesty King Kamehameha III deemed it prudent and necessary to dispatch a Hawaiian delegation to the United States and then to Europe with the power to settle alleged difficulties with nations, negotiate treaties and to ultimately secure the recognition of Hawaiian Independence by the major powers of the world. In accordance with this view, Timoteo Ha'alilio, William Richards and Sir George Simpson were commissioned as joint Ministers Plenipotentiary on April 8, 1842. Sir George Simpson, shortly thereafter, left for England, via Alaska and Siberia, while Mr. Ha'alilio and Mr. Richards departed for the United States, via Mexico, on July 8, 1842.

The Hawaiian delegation, while in the United States of America, secured the assurance of U.S. President Tyler on December 19, 1842 of its recognition of Hawaiian independence, and then proceeded to meet Sir George Simpson in Europe and secure formal recognition by Great Britain and France. On March 17, 1843, King Louis-Phillipe of France recognizes Hawaiian independence at the urging of King Leopold of Belgium, and on April 1, 1843, Lord Aberdeen on behalf of Her Britannic Majesty Queen Victoria, assured the Hawaiian delegation that

"Her Majesty's Government was willing and had determined to recognize the independence of the Sandwich Islands under their present sovereign."

On November 28, 1843, at the Court of London, the British and French Governments entered into a formal agreement of the recognition of Hawaiian independence.

Anglo-Franco Proclamation"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands (Hawaiian Islands) of a government capable of providing for the regularity of its relations with foreign nations, have thought it right to engage, reciprocally, to consider the Sandwich Islands as an Independent State, and never to take possession, neither directly or under the title of Protectorate, or under any other form, of any part of the territory of which they are composed.

The undersigned, Her Majesty's Principal Secretary of State of Foreign Affairs, and the Ambassador Extraordinary of His Majesty the King of the French, at the Court of London, being furnished with the necessary powers, hereby declare, in consequence, that their said Majesties take reciprocally that engagement.

In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seal of their arms.

Done in duplicate at London, the 28th day of November, in the year of our Lord, 1843.

[L.S.] Aberdeen
[L.S.] St. Aulaire"

View page 1 and page 2 of the original Anglo-French Proclamation from the United Kingdom archives.

On July 6, 1846, U.S. Secretary of State John C. Calhoun, on behalf of President Tyler, afforded formal recogntion of Hawaiian independence. As a result of the recognition of Hawaiian independence the Hawaiian Kingdom entered into treaties with the major nations of the world and established over ninety legations and consulates in multiple seaports and cities.

Austria-Hungary in 1875
Belgium in 1862
Bremen in 1851
Denmark in 1846
France in 1857
Germany in 1879
Great Britain in 1851
Hamburg in 1848
Italy in 1863
Japan in 1871
Japan Convention in 1886
Hawaiian-Japanese Executive Agreement Rescinding Consular Jurisdiction in 1893/94
Netherlands and Luxembourg in 1862, William III, King of the Netherlands was also the Grand Duke of Luxembourg
New South Wales Postal Convention in 1874
Portugal in 1882
Russia in 1869
Samoa in 1887
Spain in 1863
Swiss Confederation in 1864
Sweden and Norway in 1852
Tahitian Postal Convention in 1853
United States of America in 1849, 1875, 1883, 1884
Universal Postal Union in 1885 with Germany, the United States of America, the Argentine Republic, Austro-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, the United States of Colombia, the Republic of Costa Rica, Denmark, the Dominican Republic, Egypt, Ecuador, Spain, Great Britain, Greece, Guatemala, the Republic of Haiti, the Republic of Honduras, Italy, Japan, the Republic of Liberia, Luxembourg, Mexico, Montenegro, Nicaragua, Paraguay, the Netherlands, Peru, Persia (Iran), Portugal, Romania, Russia, El Salvador, Serbia, the Kingdom of Siam (Thailand), Sweden and Norway, Switzerland, Turkey, Uruguay and the United States of Venezuela.
International Criminal Court (November 28, 2012). On December 10, 2012, the insrument of accession was deposited with the Secretary-General of the United Nations acceding to the Rome Statute accepting jurisdiction of the International Criminal Court in The Hague, Netherlands, over Hawaiian territory. Jurisdiction will commence March 4, 2013.
1949 Geneva Convention, IV (November 28, 2012) On January 14, 2013, the instrument of accession was deposited with the Swiss Federal Council, by its Foreign Ministry, whereby the Hawaiian Kingdom is a High Contracting Party. The Fouth Geneva Convention immediately took effect on January 14, 2013 as a result of the prolonged occupation.
1977 Protocol Additional to the Geveva Conventions of 12 August 1949 relating to Protection of Victims of International Armed Conflict (Protocol 1) (December 11, 2013) On December 16, 2013, the instrument of accession was deposited with the Swiss Federal Council, by its Foreign Ministry, whereby the Hawaiian Kingdom is a High Contracting Party. Protocol 1 immediately took effect on December 16, 2013 as a result of the prolonged occupation.

Hawaiian Excellence

Explore The Hawaiian Constitutions

**The Constitution of the Hawaiian Kingdom – 1887 (Bayonet Constitution)**

**PREAMBLE**

Whereas the Constitution of this Kingdom heretofore in force contains many provisions subversive of civil rights and incompatible with enlightened constitutional government:

And whereas it has become imperative in order to restore order and tranquility, and the confidence necessary to a further maintenance of the present Government, that the said Constitution should be amended:

Now, therefore, His Majesty Kalakaua, King of the Hawaiian Islands, in conjunction with the Legislative Assembly of the Kingdom, and with the approval of His Cabinet, hereby proclaims and promulgates the following amended Constitution of the Hawaiian Kingdom:

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**1840 Constitution of the Hawaiian Kingdom**

**PREAMBLE**

The Hawaiian Islands were formerly governed without written laws, but in 1840, King Kamehameha III established the first Constitution, transforming the islands into a constitutional monarchy.

**ARTICLE I.** There shall be three grand divisions of a regular government: Executive, Legislative, and Judicial.

**ARTICLE II.** The King is the Supreme Executive, but his actions shall be guided by law and counsel.

**ARTICLE III.** There shall be a Council of Chiefs to advise the King.

**ARTICLE IV.** Laws shall be made by the King with the advice and approval of the Council and Representatives.

**ARTICLE V.** There shall be judges appointed to preside over the Judiciary.

**ARTICLE VI.** A code of laws shall be established and published.

**ARTICLE VII.** The people have the right to worship God and to enjoy liberty and property.

**ARTICLE VIII.** Taxation and revenue shall be fixed by law.

**ARTICLE IX.** The King shall provide for public education.

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**1852 Constitution of the Hawaiian Kingdom**

**PREAMBLE**

This Constitution was adopted to expand civil rights and define the structure of government more precisely.

**DECLARATION OF RIGHTS** (20 Articles)

* Guarantees freedom of religion, speech, press, assembly, property, and due process.

**EXECUTIVE**

* The King shares power with a Kuhina Nui (Premier), both acting with ministers.
* Cabinet includes Interior, Foreign Affairs, Finance, and Attorney General.

**LEGISLATIVE**

* Bicameral Legislature: House of Nobles (appointed) and House of Representatives (elected).
* Power to make laws, impose taxes, approve budgets.

**JUDICIARY**

* Supreme Court and lower courts.
* Judges appointed by King with life tenure.

**ELECTIONS & CITIZENSHIP**

* Male suffrage with minimal property qualifications.
* Naturalization procedures defined.

**AMENDMENTS**

* Required a two-thirds vote of the Legislature.

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**1864 Constitution of the Hawaiian Kingdom**

**Promulgated by King Kamehameha V**

* Abolished the position of Kuhina Nui.
* Replaced bicameral Legislature with a unicameral Legislative Assembly (both nobles and representatives together).
* Increased power of the monarchy.
* Imposed stricter voting requirements (literacy and property qualifications).
* Ministers could sit and speak in the Legislature but could only vote if they were elected members.

**KEY ARTICLES**

* The King had authority to appoint and remove ministers.
* Laws required royal assent.
* The Judiciary was independent, with a Supreme Court and lower courts.
* Rights of the people were preserved but more narrowly defined.

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**1887 Constitution**

\[Content retained here — no changes to existing 1887 Constitution content.]

**-----------------------------------------------------------------------------------------**

Office of Hawaiian Subjects: These are the Constitutional foundations which govern Hawaiian Subjects under international law. The Kingdom was never lawfully dissolved, and its Constitution remains the highest law of the land.

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Hawaiian Subjects By Default has been a game-changer for me! The site makes understanding Hawaii's laws straightforward and engaging. It's an essential resource for anyone wanting to grasp the legal nuances of the islands.

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Hawaiian Subjects By Default is a fantastic resource! It's simplified my understanding of Hawaii's complex legal system and empowered me to make informed decisions. Highly recommended for anyone looking to deepen their knowledge of the islands' specific laws.

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