Before then they only talked about an overthrow, they didn't concede it was illegal, although it violated all these treaties, but now they say it is illegal. So in other words, they're agreeing with what I'm telling you. It was illegal. If you had any doubt, now even Congress is agreeing. It was an illegal overthrow. It had no validity at all. The fruits of this overthrow are entitled to no recognition as being valid today. And that calls into question title to all the land here. Who's land is it? Well, from what congress seems to be saying to me its the land of the Native Hawaiian people.
Then they talk about reconciliation efforts, support the reconciliation efforts. Well, of course I'm in favor of reconciliation. But there's more to it than that. Again, under international law, if you have a violation of this nature the appropriate remedy is not simply reconciliation, apology or reparations, but restitution. That is, to set right the harm that had been done. To restore the situation to what it had been before the violation in 1893. And there is a very famous case by the World Court, the Chorzow Factory case, would be the authority for this. So in other words, sure, have reconciliation. But what about restoration? That clearly is what you're entitled to.
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Prof. Francis A. Boyle
Dec. 28, 1993 |