ECOWAS has approved the creation of the Special Tribunal for The Gambia, a significant step toward prosecuting perpetrators of gross human rights violations committed between July 1994 and January 2017.
This historic decision, made during the 66th Ordinary Session of the ECOWAS Heads of State and Government in Abuja, Nigeria, includes the adoption of the Statute for the Tribunal, ensuring justice and accountability for the victims of these atrocities. This move marks the first time ECOWAS has partnered with a member state to establish an internationalised tribunal to prosecute crimes committed within that state’s territory.
It is seen as a groundbreaking development not just for The Gambia but also for the wider West African region and the international community. The decision follows the establishment of The Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC) in 2018, which investigated human rights violations during the era of former President Yahya Jammeh.
In its November 2021 report, the TRRC recommended reparations, institutional reforms, and the prosecution of those responsible for the worst violations. Recognising that certain international crimes had not been adequately addressed under domestic law, The Gambia proposed the creation of an internationalised tribunal in collaboration with ECOWAS.
The Special Tribunal for The Gambia will be a unique institution, blending elements of both domestic and international law. Its structure will consist of Gambian, ECOWAS, and international judges, prosecutors, and staff, with international experts brought in as necessary.
The Tribunal will have jurisdiction over international crimes, as well as serious violations under Gambian law. Headquartered in The Gambia, the Tribunal will also have the option to hold proceedings in a third country if required due to security or practical concerns. It will operate independently, ensuring full judicial and operational autonomy. In response to the approval, President Adama Barrow expressed profound gratitude to ECOWAS Heads of State for their support of this landmark decision.
The Gambian government also thanked the ECOWAS community, members of The Gambia-ECOWAS Joint Technical Committee, and other international partners for their technical, moral, and financial contributions. The Attorney General and Minister of Justice of The Gambia, Dawda A. Jawllo, reaffirmed the country’s commitment to ensuring justice for victims. “This tribunal represents a crucial step towards achieving justice for the victims of past atrocities. The Government of The Gambia remains committed to ensuring accountability, advancing national reconciliation, and fostering a more just and equitable society,” he said.
