This first instalment examines the foundational structure and evolving jurisdictional framework of the Court System of the Federation of Aboriginal Nations of the Americas (FANA), with particular attention to the development of its InterTribal Court System (ICS) as a central mechanism of governance, adjudication, and intertribal legal coordination.
Within this institutional framework, Principal Sachem Dr. Ronald Yonaguska Holloway serves as FANA’s Minister of International Affairs and has also represented the Federation as a United Nations Ambassador. In this capacity, Dr. Holloway has been instrumental in shaping the judicial architecture of the Federation, including the establishment and operational direction of the InterTribal Court System (ICS), designed to provide structured dispute resolution and strengthen legal coherence among participating Indigenous nations.
The ICS operates as the Court System of the Federation of Aboriginal Nations of the Americas, grounded in treaty law and Indigenous legal traditions.
As the Federation’s judicial institution continues to develop, the Court System stands proudly as a central pillar of governance—reinforcing sovereignty, strengthening institutional coordination, and supporting legal unity across participating nations.
Origins of the InterTribal Court System
Can you describe what the InterTribal Court System is and how you began to conceptualize its establishment?
Sachem Yonaguska Holloway:
“With all modesty, I would say the InterTribal Court System is the first sovereign court system of its kind for Indigenous peoples. It is based upon treaties, sovereign lands that remain claimable, and cross-treaty relationships among First Nations on the eastern seaboard.”
He explained that the system was developed in response to structural limitations faced by Indigenous governance frameworks operating within external federal trust systems.
“What I mean by free is that some communities are not fully under the Bureau of Indian Affairs trust structure, meaning control over land and financial systems is limited. In many cases, the land is held in trust by the federal government, which affects long-term autonomy.”
The InterTribal Court System was therefore constructed as a legal framework integrating treaty rights into a structured judicial model designed to operate in both Indigenous and international legal contexts.
“We created a system that Western law can understand, while remaining grounded in our traditions. The intent is not punitive, but restorative—focused on restoring peace and harmony within the collective.”
Building the Institutional Framework
Q: How was the process of consolidating credentialed individuals carried out to move the ICS from concept to practice?
Sachem Yonaguska Holloway:
The development of the court system emerged alongside broader treaty-building initiatives within the Federation, including agreements on health, wellness, and economic cooperation.
“As we moved toward commerce treaties, structural challenges in decision-making became clear. We realized there needed to be a formal mechanism for resolving disputes when consensus could not be reached.”
He noted that the cost and complexity of external legal dependency underscored the need for an internal judicial system capable of supporting Indigenous governance structures.
Efforts were subsequently made to strengthen legal capacity through academic and institutional partnerships, including the development of Indigenous law education initiatives in collaboration with Roger Williams University, contributing to the training of emerging legal professionals within the Federation’s framework.
“With the right credentials in place, around 2017 we began formal development of the court system,” he said, adding that experienced international legal figures were later invited to support its structure and formation.
Among those referenced by Chief Ambassador Douglas Scott was H.E. Chief Justice Lord Robert Orville Thomas, who was appointed as the first Chief Justice (Taupau), bringing a wealth of experience in international legal practice and Indigenous judicial governance, including the training of new incoming United Nations attorneys to the UN and directing a Human Rights Office under OADO UN ECOSOC. His service as Chief Justice for the Cherokee Nation previously made him the perfect fit for Chief Justice and so he was appointed Chief Justice For The Federation Of The Aboriginal Nations Of The Americas.
Closing Note
This concludes Part I in the series on the Court System of the Federation of Aboriginal Nations of the Americas. The next installment will examine perspectives from sitting judicial officials within the Federation’s court structure, including H.E. Judge Lady Sheila Davenport and Chief Raymond Two Hawks Watson.
