Hannah Buttah Lost at Mauoni

Aloha Mai Kakou,

Hannah Buttah at your computer with another question of the day.  

So I was talking with my ancestors one day while walking through Kahului.  We had a very special event coming up and needed plenty of fish.  I don't know as much about fish as I should - or at least the best place to get fish.  I'm usually on a budget and only buy what I can afford.  So before I finished talking to them, I asked where was the best place to get fish.

They told me to go to Mauoni to get fish for my event dinner.  I thought that was a perfect idea!!  So I finished my lunch, checked my wallet to see how much I could buy, then got ready to go to Mauoni, when I realized I didn't know where that was. I had to tell them I never heard of that store, even though I never like get them upset at my lack of knowledge.  They seem to think our generation is a bit spoiled and they always complain about our foreign lifestyles.

My ancestors laughed because I was so silly, and told me it was a fishpond.  They told me how the fish in Mauoni are the fattest around and can feed big families during kapu fishing seasons.  They said it was a naturally occurring spring and they once had about a half a mile of people to bring rocks to the area, to modify the fishpond in a way that helped the pond thrive.  They said it was a source of food that would last for eternity.  


So I asked my ancestors how to get there and they gave me a series of directions that were hard to follow, due to the change that comes with time, but led me to Maui Mall on Ka'ahumanu Avenue, by the Kahului Harbor.  

I couldn't find a fishpond there.  I searched all around, but only found the remnants of Kanaha Bird Sanctuary nearby.  I asked them again and got scoldings.  They seemed to think that the Mauoni Fishpond was one of a twin fishpond spanning 143 acres and what they described, should have been large enough to stretch from about the Hawaiian Canoe Hale, down to the harbor, past Kanaha & the airport, and upto about Haleakala Highway.  

Far out!!! But I had to tell them there was no fishpond there.  So I described what I saw and they began to cry.  The warrior ones even became angry.  They said the fishpond had always been there and had been a major source of food for all, for hundreds of years. It was impossible to miss.  They said it was the fishpond of the royals, that Mauoni & Kanaha had the best fish.  

I don't want to go back to them and get them upset.  Can you help me find Mauoni Fishpond?

Rome Statutes of the ICC: Article 54 Duties of the Prosecutor with respect to investigations

Article 54  Duties of the Prosecutor with respect to investigations

The Prosecutor shall:

In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;

Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and 

Fully respect the rights of persons arising under this Statute. 

The Prosecutor may conduct investigations on the territory of a State:

In accordance with the provisions of Part  9;  or 

As authorized by the Pre-Trial 'Chamber under article 57, paragraph 3 (d).

The Prosecutor may:

Collect and examine evidence;

Request the presence of and question persons being investigated, victims and witnesses;

Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;

Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;

Agree not to disclose, at any stage of the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and

Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence. 

Maka'ala Northshore Maui

Aloha mai kakou,

Maka'ala, Hamakuapoko Maui.  There has been increasing vandalism along the Hana Highway corridor in addition to all the car thefts & fires.  It has been known for a few years now that someone has been going along the highway, stealing the flags and destroying the flagpoles.  

On several occasions, a white pick up truck bearing the license plate # LBV 021 has been seen at various times parked along the highway, makai side.  More recently, the owner of that truck reportedly tried to set Ho'okipa on fire on July 4, 2017 according to vendors in the upper lot.

About a month ago, one kupuna was attacked and spit on by this character who had no problem being filmed for the violation.  The video remains with kupuna up Ho'okipa, to be viewed upon request.  

On September 26, 2017 employees in the Haiku Market area showed up for work to find flags defaced with KKK and Nazi Swastika spray-painted on the flags that fly over the buildings and on the walls of the Aloha 'Aina Center.  Chances are that it is the same guy and he has no problem making a ruckus.  

When the photo comes in, we will upload the photo here.  Please watch for this character.  This video is of him selling coconuts at Ho'okipa and leaving his opala for the next person to clean.  License plate #LBV 021, unknown name & origin, obviously not local.

Rome Statutes of the ICC: PART 5 Article 55 - Rights of persons during an investigation

PART 5 

Article 55 - Rights of persons during an investigation

In respect of an investigation under this Statue, a person:: 

Shall not be compelled to incriminate himself or herself or to confess to guilt;

Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;  and

Shall, if questioned in a language other than a language the person fully understands and speaks, have free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness;

Shall not be subjected to arbitrary arrest or detention;  and shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in the Statute.

Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9 of this Statute, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

 - To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

 - To remain silent, without such silence being a consideration in the determination of guilt or innocence;

 - To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it;

 - To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Rome Statutes of the ICC - PART 5 INVESTIGATION & PROSECUTION Article 53 Initiation of an Investigation

Article 53 Initiation of an Investigation

The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute.  In deciding whether to initiate an investigation, the Prosecutor shall consider whether: 
The information available to the prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;
The case is or would be admissible under article 17;and 
Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.

If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph
above, he or she shall inform the Pre-Trial Chamber. 
If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
There is not a sufficient legal or factual basis to seek a warrant or summons under article 58; 
The case is inadmissible under article 17; or
A prosecution is not in the interests of justice taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;
The Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b). of his or her conclusion and the reasons for the conclusion.
(a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b),  the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.

In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c).  In such a case, the decision of the Prosecutor shall be effective only id confirmed by the Pre-Trial Chamber.

The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information. 

Rome Statutes of the ICC: Article 51 Rules of Procedure and Evidence and Article 52 Regulations of the Court

Article 51  Rules of Procedure and Evidence

The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.  

Amendments to the Rules of Procedure and Evidence may be proposed by:

 - Any State Party;

 - The judges acting by an absolute majority;  or

 - The Prosecutor

Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.

After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.

The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute.  Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.

In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail. 

Article 52  Regulations of the Court

The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning. 

The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.

The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges.  Immediately upon adoption,  they shall be circulated to States Parties for comments.  If within six months there are no objections from a majority of States Parties, they shall remain in force.

Rome Statutes of the ICC: Articles 47-50 Conduct of Employment at the ICC

Article 47 - Disciplinary measures

A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.

Article 48 - Privilege and immunities

The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfillment of its purposes.  

The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded their immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.

The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.

The privileges and immunities of: A judge or the Prosecutor may be waived by an absolute majority of the judges;

The Registrar may be waived by the Presidency;

The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;

The Deputy Registrar and staff of the Registry may be waived by the Registrar.

Article 49  - Salaries, allowances and expenses

The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties.  These salaries and allowances shall not be reduced during their terms of office.

Article 50  Official and working languages

The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish.  The judgements of the Court, as well as other decisions resolving fundamental issue before the Court, shall be published in the official languages.  The Presidency shall, in accordance with he criteria established by the Rules of Procedure and Evidence,  determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

The working languages of the Court shall be English and French.  The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

The Bright Smiles Initiative Update

Over the course of the last 6 months, a Honolulu based nonprofit known as Bright Smiles Hawaii put together a plan that included some of our members to gather the Voice of the People, put it on paper and bring what we have documented, for a quorum of professionals who are in position to help our communities to see the results and identify solutions.  

Finding solutions is never easy.  There are a wide array of issues to address, laws to abide, systems to work through, proposals and processes to be made, and by then, usually the information is out of date, which then perpetuates the cycle of problems.  Honestly, to try to tackle the whole thing as one person would be a travesty.  But to tackle  it as an ongoing group will produce the flow for progress to be made.  

So as we compiled this information, each group from each island, members of various state and federal programs, and other nonprofits entities who are a part of the solution based team, and we began to discuss some of what can be done on political levels to advocate for better care options.  We discussed other similar initiatives that the nonprofit sector has been working on that will better address the demographics they work with.  

We developed outreach teams who will work with people in the community to get them to the best current programs or funding for their dental work, as well as increase the sign up for the programs available.  What this does is actually, a win-win-win for all the entities involved in the maintenance of your teeth. 

Because nonprofits tend to run on grant programs, they have to build an information database to collect demographics using the services so that the correct amount of funding comes through.  The only way to get an increase in funds is to get an increase in patients.

Because people want their teeth fixed, they should sign up for the programs available to help the program get the increased funding to fix their teeth, right?  It sure beats paying for that with your rent money! Once the provider has gotten the grants to serve the people, they call you to come get what you need done.  Now they got what they needed to get you what you needed.  Win-win! 

While the nonprofit entities are doing that, other like nonprofits are taking all the information we have compiled, to begin the process of the newly elected fight for health care for our people.  Those who represented the state and other political entities are working together to draft the political scene regarding these issues.  Our outreach will continue to stay plugged in and help the people in any way they can.  Sometimes this could be giving away dental hygiene bags, helping people sign up at the right places for dental care, staying on top of any programs up and coming, to assure that the people are able to maximize the benefit of these programs.

A special task force has been created to address the deeper needs of the smaller communities.  The islands of Lana'i and Moloka'i hadn't had the chance to get their voices heard, so Maui absorbed the lack of information and replaced it with a heavier advocacy.  Maui's voice was heard and those communities have risen to the top of the list for strategic planning.  We would like to extend a special mahalo to the Kahananui community for taking the time to capture some of the voices for Molokai.

Whereas we recognize that we did not achieve an overnight remedy to all of the dental problems we are facing as a whole, we have achieved specialized task forces on just about every angle to work on these important issues.

*This blog post has been written by us, colleagues of, but not members of Bright Smiles Hawaii. For more information on all that they are working on and sharing with the community, please visit their site at:  Bright Smiles Hawaii

Ode to Ho'okipa

What does Ho'okipa mean to you?

Ho'okipa is the way that you greet a weary traveler 

when distance begets them.

It is the way you greet your extended ohana

when they show up with love.

It is the way you accommodate a guest in your home.

Ho'okipa is a value that

not everybody is raised with

not everybody can understand

but everybody should experience

at least once in their lifetime.

It is an irreplaceable memory

of times uncertain

when need preceded want

and people acted accordingly.

Ho'okipa is a skill hotels wish to teach

when they run training courses for employees.

It is the service every company wants you to exemplify.

It is a skilled behavior that separates

One from a crowd, at the time.

Ho'okipa is hospitality.

It is aloha.

Ho'okipa,  copyright 2017

Mauoni Fishpond, Kingdom of Maui

When you think of Kahului, you might think of where to shop or how busy the hustle & bustle there are.  But did you know that much of Kahului was actually part of Kanaha's twin fishponds? 

The total area that the fishponds covered was about 143 acres in size.  Only a part of one fishpond remains today and it is known as a bird sanctuary.  That is Kanaha Sanctuary which has been dubbed a landmark in 1971.  The Kanaha fishpond stretches as far as Haleakala Highway down to Kanaha Beach Park that we know today.

While people know that there is a history there, many haven't taken the time to see what that history is.  Most people are more concerned with the recent battles going on down Kanaha Beach Park, where the county & state are pursuing a shut down to put an end to the daily problems that occur there. There is a 4-way battle going on about Kanaha in 2017 and honestly, none of it is truly perpetuated in righteousness, nor is any of it in the heart of restoration of life here.  Sadly, its all about money and greed.  

While the county is only looking to find ways to increase county revenues, corporations are looking at the "waterfront property" as  a prime location to give the county that money.  Then there are the people who move to Maui, refuse to get a job and form these little wind and kite surfing businesses that are clogging up the island's beaches with crowds that chase families and fish away. In a colonized and greedy mind, I don't blame any of the above, but I happen to be intelligent enough to know that money and sunscreen aren't going to feed my kids if real food doesn't grow.  I am smart enough to know that if we as people of the world don't make some crucial changes, we won't have a world for our grandchildren to grow up in. These little points are already enough for me to judge against three of the parties in the four way battle.  

The fourth party in the battle won't even go to court to fight the battle.  Sadly, most of these people were descendants of those who cared for these ponds for centuries.  

People cruise up and down Amala Road to the sights of trash strewn areas and much of that trash ends up in the ocean, blocking our waterways and adding another source of desecration to the already desecrated area.  The wastewater facility spews its toxic waste product underground at the facility and the surrounding governing agencies ignore the pollution, citing that the sand will clean that up.  

Meanwhile, akule has yet to return to the harbor and the remnant fishpond left there, is unable to properly flow due to the multiple issues in the surrounding area, including the dredging of the harbor which filled Mauoni Fishpond in 1910.  

Mauoni Fishpond once extended to the old county fairgrounds area, close to where Kahului Safeway stands today.  Both Mauoni and Kanaha were naturally occurring freshwater springs that our ancestors altered to more efficiently flow.  Rumor has it that there were people passing rocks for upward to a half mile to do that. 

If you were to try to find Mauoni Fishpond today, you would need to bring shopping money because all you would find is the retail and industrial areas of Kahului.  If you wanted to see the fish in Kanaha Fishpond, you might want to prepare yourself to see birds and the occasional teenage mutant ninja turtle.  About the best you will find in looking at fishponds of that area, might be to visit Island Grocery and see the fish in their little pond.  It's about all there is left, of the massive twin fishponds that once spanned from Haleakala Highway to Kahului Harbor and upto about Pu'unene. 

For more history on these twin fishponds as well as a plethora of other historical stories of Old Hawaii, please visit Peter T Young's website:  Images of Old Hawaii

Rome Statutes of the ICC - Part 4: Articles 38, 39 and 42 regarding Offices of the ICC

Article 38  The Presidency

The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges.  They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier.  They shall be eligible for re-election once.  

The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified.  The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.  

The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for:

 - The proper administration of the Court, with the exception of the Office of the Prosecutor; and

The other functions conferred upon it in accordance with this Statute.

In discharging its responsibility under paragraph 3 (a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern. 

Article 39  Chambers

As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b).  The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges.  The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law.  The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.

(a)  The judicial functions of the Court shall be carried out in each division by Chambers.

     (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

      (ii) The functions of the Trial Chamber shall be carried out by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

Nothing n this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

(a)  Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b)  Judges assigned to the Appeals Division shall serve only in that division.  Nothing in this article shall, however, preclude the temporary attachments of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.

Article 42  Office of the Prosecutor

The Office of the Prosecutor shall act independently as a separate organ of the Court.  It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court.  A member of the Office shall not seek or act on instructions from any external source.

The Office shall be headed by the Prosecutor.  The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof.  The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute.  The Prosecutor and the Deputy Prosecutors shall be of different nationalities.  They shall serve on a full-time basis.

The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases.  They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties.  The Deputy Prosecutors shall be elected in the same way from a list or candidates provided by the Prosecutor.  The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled.  Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re-election.

(a)  Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or

(b) Is unable to exercise the functions required by this Statute.

A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:

   (a) In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;

   (b) In the case of the Prosecutor, by an absolute majority of the States Parties;

   (c) In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.

A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.

A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance to the Rules of Procedure and Evidence.  The person in question shall not otherwise participate in the consideration of the matter.

Rome Statutes of the ICC: Part 4 - Articles 37, 40 and 41: Judicial based Articles

Article 37 Judicial Vacancies

In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.

A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.

Article 40 Independence of the Judges

The judges shall be independent in the performance of their functions.  

Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.   

Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.

Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges.  Where any such question concerns an individual judge, that judge shall not take part in that decision.     

Article 41 Excusing and disqualifying of judges

The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.  

(a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground.  A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.  A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.

The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.

Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges.  The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.  

Ho'okipa, Kingdom of Maui 2012 - 2017

circa 2012:  Several years ago, the Reinstated Lawful Hawaiian Government claimed Ho'okipa back into the Kingdom.  There has been a sign there since that reclamation, whether America or the state will recognize it or not.  Ho'okipa has been under many a careful watch since then.

circa 2014:  A few years ago, the Non-Affiliated Hawaiian Kingdom Reconstruction team had landed on Maui and were going up Ho'okipa for some time, to clean up after tourists.  This project went on for about 6 months. NAHKR attempted to hold unity events, but very few people came.  Those who did attend, were unable to take on such a kuleana to commit.  Reality is what it is, so the clean ups began to become more sparse until they eventually trailed away in 2015.  There were just too many competing priorities and not enough drivers to get the team back and forth.

circa 2016:  In more recent talks between kupuna and NAHKR team, Ho'okipa was again brought to the table and by 2017 a dynamic duo was formed to Malama Ho'okipa.  Anakala Riki Torres-Pestana & Anakala Lambert Kong teamed up to malama Ho'okipa.  The battles they face daily wear them thin, but they continue to stride strong for the future of our Kingdom, of Maui and for generations to come. 

Today, the area where the heiau once stood has been cleared, thanks to the relentless work of these two uncles every day.  They have been out there cutting what doesn't belong, planting what is endemic to that location and performing all general landscaping up there.  

On many occasions they have been under attack by residential ha'oles (yes, that means literally a ha'ole) who take great pride in destroying Kanaka Maoli flagpoles, taking down and burning the flags, spray-paint graffiti on all the signs and on July 4, 2017 they reportedly attempted to set the whole upper side of Ho'okipa on fire.  Even the white vendors up there will attest to that.  Regardless of what they go through, Uncles Riki & Lambert return every day faithfully.  I don't too many people so strong. 

On behalf of all of whose hearts have been affected by the restoration of Ho'okipa, mahalo piha Anakala Riki & Anakala Lambert.  We wouldn't be able to share this good news without your hard work and dedication.  May blessings continue to surround the both of you tremendously.  Aloha kekahi i kekahi a malama o ke kai

Rome Statutes of the ICC: Part 4: Composition and Administration of the Court

Article 34 - Organs of the Court

The Court shall be composed of the following organs:

 - The Presidency

 - An appeals Division, a Trial Division and a Pre-Trial Division

 - The Office of the Prosecutor

 - The Registry

Article 35 Service of Judges

All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.

The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.  

The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis.  Any such arrangement shall be without prejudice to the provisions of Article 40.

The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with Article 49.

Article 36 Qualifications, nomination and election of judges

Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.

 - The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate.  The Registrar shall promptly circulate any such proposal to all States Parties. 

Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112.  The proposal shall be considered adopted if approved at the meeting by a vote of two-thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.  

 - Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8 inclusive, and article 37, paragraph 2;

 - Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c)  (i),  it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1.  

The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b).  In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached. 

 - The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

Every candidate for election to the Court shall:

 - Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or 

 - Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

Every candidate for election to the Court shall have an excellent knowledge to the judicial work of the Court;

 (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:

   (i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or 

     (ii)  By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfills the requirements of paragraph 3.

Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations.  In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

For the purpose of the election, there shall be two lists of candidates:

 - List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i);  and

 - List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).

A candidate with sufficient qualifications for both lists may choose on which list to appear.  At the first election to the Court, at least nine judges shall be elected from List A and at least five judges from list B.  Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.  

(a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112.  Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds mjority of the States Parties present and voting.  

In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.

No two judges may be nationals of the same State.  A person who, for the purpose of membership in the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. 

(a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:

   (i) The representation of the principal legal systems of the world;

   (ii) Equitable geographical representation; and

   (iii) A fair representation of female and male judges.  States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.  

() Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

At the first election, one third of the judges elected shall be selected by lot to serve for a term of six years;  and

the remainder shall serve for a term of nine years.

A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.