Royal Fishponds at Kanaha

In the early 1700s, during the reign of Kapiiohookalani O Maui came the birth of the twin Kanaha Fishponds.  The ponds were named after his two children Kanaha and Mauoni and have a span of 143 acres.

When the fishponds were being built, it is said that the line of pohaku passers was about a half mile long.  The ponds were built to provide fish for the people during breeding season's kapu restriction on fishing.  The ponds functioned well with the fresh spring water flowing through, out to the harbor.  

These ponds served as a place for fattening and storing fish, as well as a breeding location for many birds such as the Hawaiian duck, stilt and coot, along with the endangered sphinx moth.  Canadian geese often stop here as they migrate south for the winter.  

In 1910, the harbor was dredged, filling Mauoni and part of the overflow ditch was filled as well.  At that point, Mauoni ceased to exist and Kanaha was no longer a fishpond.  The natural flow was disrupted.  

Noting the history and importance of the ponds, Kanaha was listed as a bird refuge in 1951 and later became a registered landmark in 1971. 

However, the life and perpetuation thereof, in these fishponds, has been forever destroyed already.  Today, it serves only as a place for birds to rest. Much of the life within the pond itself, has changed with the landscape.  So many generations and so much time has passed that Kanaha has been on a steady downfall since those days of old.

In 2016 NOAA published this article with some restoration plans to Kahului Harbor, but no direct plans exist for Kanaha Fish Ponds to our knowledge yet.  

    

Rome Statutes of the ICC: Article 32 - Mistake of fact or mistake of law, and Article 33 - Superior orders and prescription of law

Article 32 - Mistake of fact or mistake of law

A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

A mistake of law as to whether a particular type of conduct is a crime within a particular type of Court shall not be a ground for excluding criminal responsibility.  A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in Article 33.

Article 33 - Superior orders and prescription of law

The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

 - The person was under a legal obligation to obey orders of the Government or the superior in question;

 - The person did not know that the order was unlawful; and

 - The order was not manifestly unlawful.

For the purposes of this article,  orders to commit genocide or crimes against humanity are manifestly unlawful.

Rome Statutes of the ICC: Article 45 - Solemn undertaking, and Article 46 - Removal from office

 Article 45 Solemn - undertaking

Before taking up their respective duties under this Statute, the judges the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously. 

 Article 46 - Removal from office

A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:

 - The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided.  Such a threat may either be:

   - Made by other persons; or

   - Constituted by other circumstances beyond that person's control.

 - The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.

At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground for excluding criminal responsibility oteher than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21.  The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Rome Statutes of the ICC: Article 43 - The Registry & Article 44 - Staff

 Article 43 - The Registry




The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with Article 42.

The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court.  The Registrar shall exercise his or her functions under the authority of the President of the Court.

The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have excellent knowledge of and be fluent in at least one of the working languages of the Court.

The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties.  If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.

The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis.  The Deputy Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis.  The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required. 

The Registrar shall set up a Victims and Witnesses Unit within the Registry.  This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court and others who are at risk on account of testimony given by such witnesses.  The Unit shall include staff with expertise in trauma related to crimes of sexual violence.


Article 44 - Staff

The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices.  In the case of the Prosecutor,  this shall include the appointment of investigators.

In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in Article 36, Paragraph 8.

The Registrar, with the agreement of the Presidency and Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed.  The Staff Regulations shall be approved by the Assembly of States Parties.

The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court.  The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor.  Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.

Rome Statutes of the ICC - Article 31: Grounds for excluding criminal responsibility

Article 31: Grounds for excluding criminal responsibility

In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

 - The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct to conform to the requirements of law;

 - The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct, or the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk that, as a result of the intoxication he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

 - The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

 - Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence.  They shall not engage in any other occupation of a professional nature.  

The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.

Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground.  They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have 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.

Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.

The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;

 - The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter;

 - The Prosecutor shall appoint advisers with legal expertise on specific issues, including but not limited to, sexual and gender violence and violence against children.


** After Article 31, the Rome Statutes Publication skips directly to Article 43 which will be posted next.

Rome Statutes of the ICC: Article 29- Non-applicability of statute of limitations & Article 30 - Mental Element

Article 29: Non-applicability of statute of limitations 

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations. 


Article 30:  Mental Element

Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

For the purposes of this article, a person has intent where: 

 - In relation to conduct, that person means to engage in the conduct;

 - In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinay course of events.

"Know"  and "Knowingly" shall be construed accordingly.

Rome Statutes of the ICC: Article 28 - Responsibility of commanders and other superiors

Article 28 - Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:

 - That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and

 - That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.  

With respect to superior and subordinate relationships not described in paragraph 1, a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

 - The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;

 - The crimes concerned activities that were within the effective responsibility and control of the superior; and

 - The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.