By Adama Makasuba
ECOWAS has approved the creation of the Special Tribunal for The Gambia, marking a significant step toward prosecuting those responsible for human rights violations committed between July 1994 and January 2017.
This historic decision was made during the 66th Ordinary Session of the ECOWAS Heads of State and Government in Abuja, Nigeria, and includes the adoption of the Tribunal’s Statute, which aims to ensure justice and accountability for the victims of these atrocities.
This initiative represents the first time ECOWAS has collaborated with a member state to establish an internationalized tribunal to prosecute crimes committed on that state’s territory. It is seen as a groundbreaking development for The Gambia, the broader 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 Yahya Jammeh’s presidency. In its November 2021 report, the TRRC recommended reparations, institutional reforms, and prosecuting those responsible for the worst violations. Acknowledging that certain international crimes had not been adequately addressed under domestic law, The Gambia proposed creating an internationalized tribunal in collaboration with ECOWAS.
The Special Tribunal for The Gambia will be a unique institution, combining domestic and international law elements. Its structure will include Gambian, ECOWAS, and international judges, prosecutors, and staff, with international experts brought in as needed. The Tribunal will have jurisdiction over international crimes and serious violations under Gambian law.
Headquartered in The Gambia, the Tribunal may also hold proceedings in a third country when necessary for security or practical reasons. It will operate independently, ensuring full judicial and operational autonomy.
In response to the approval, President Adama Barrow expressed profound gratitude to the ECOWAS Heads of State for supporting this landmark decision. The Gambian government also thanked the ECOWAS community, The Gambia-ECOWAS Joint Technical Committee members, 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 stated.
