Today the International Association of Democratic Lawyers (IADL), the National Lawyers Guild (NLG) and the Water Protectors Legal Collective (WPLC), who the authors of the amicus brief as to why the court must transform itself into an Article II Occupation Court in Hawaiian Kingdom v. Biden, filed a Motion for Leave to File a Letter Supplement to Amended Amicus Curiae Brief.
Attached to the Motion is a copy of the joint letter by the IADL and the American Association of Jurists—Asociación Americana de Juristas, sent to all the Embassies accredited to the United Nations in New York City and in Geneva on February 16, 2022.
In their Motion, the IADL-NLG-WPLC state, “Movants wish to supplement their amicus brief with a letter, dated February 16, 2022, from two international organizations with special consultative status with the U.N. Economic and Social Council and accredited before the Human Rights Council—the International Association of Democratic Lawyers and the American Association of Jurists—which was sent to all Permanent Missions to the United Nations in New York City and Geneva, Switzerland. The letter addresses the ongoing illegal occupation of Hawai‘i under international law and will be presented before the United Nations Human Rights Council at its 49th session in Geneva beginning on February 28, 2022.”
They also state “The letter is provided for informational purposes to the Court and to provide additional context for the urgent and serious issues raised by this case, which are also the current subject of discussion in international forums.”
The Court will have to grant permission for the filing of the joint letter so that it becomes a part of the record. The decision by the judge is forthcoming.
UPDATE: Last night, Magistrate Judge Rom Trader entered an order denying the IADL-NLG-WPLC’s request to file the IADL-AAJ joint letter. The Court stated, “The letter is not being submitted in support of any moving papers, not all drafters of the letter have been approved as amicus, and the movants do not provide any concrete information as to why the letter is even needed.”
As the IADL-NLG-WPLC did state in its motion, “The letter is provided for informational purposes to the Court and to provide additional context for the urgent and serious issues raised by this case, which are also the current subject of discussion in international forums.”
Aside from the procedural matters as stated by Judge Trader, the letter, for informational purposes, can be accessed by the defendants in this case. The Hawaiian Kingdom v. Biden lawsuit is a case of first impression where proceedings are taking place during a prolonged belligerent occupation by the United States outside of its territory. “In a case of first impression, the exact issue before the court has not been addressed by that court, or within that court’s jurisdiction, thus there is no binding authority on that matter.” The letter provides “additional context.”