ECOWAS approves special tribunal for Gambia to prosecute human rights violations

The Authority of ECOWAS Heads of State and Government has approved the establishment of the Special Tribunal for The Gambia to prosecute perpetrators of gross human rights violations. The decision, made during the 66th Ordinary Session held in Abuja, Nigeria, on 15 December 2024, also included the adoption of the tribunal’s statute to address crimes committed between July 1994 and January 2017.

This landmark decision represents a significant achievement for The Gambia and the broader West African region. It is the first time ECOWAS has partnered with a member state to create an internationalized tribunal to prosecute crimes of such magnitude. The tribunal will ensure accountability for crimes such as torture, inhumane treatment, and other atrocities not adequately addressed under Gambian law.

Background and Context

The initiative stems from the recommendations of The Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC), established in 2018 to document gross human rights violations under the regime of former President Yahya Jammeh. Following its extensive report in November 2021, the TRRC called for reparations, institutional reforms, and the prosecution of individuals with the greatest responsibility for these violations.

Recognizing the limitations of its domestic legal framework, the Gambian government proposed a partnership with ECOWAS in October 2022 to create a tribunal integrating domestic and international legal mechanisms.

Structure and Mandate

The Special Tribunal will be an independent institution, combining Gambian, ECOWAS, and international judges, prosecutors, and experts. It will address international crimes alongside serious violations under Gambian law. While headquartered in The Gambia, the tribunal will have the flexibility to hold proceedings in a third country if necessary for security or logistical reasons.

Statements of Commitment

President Adama Barrow has expressed his gratitude to ECOWAS leaders for their support in achieving this milestone. The Gambian government has also acknowledged the contributions of the ECOWAS Joint Technical Committee, development partners, and stakeholders who provided financial, technical, and moral backing.

Attorney General and Minister of Justice Dawda Jallow reaffirmed The Gambia’s dedication to ensuring justice for victims and promoting reconciliation. The tribunal is expected to play a pivotal role in fostering accountability, healing, and a more equitable society for the nation.