This historic development marks a significant step forward for The Gambia, the region, and the international community. It is the first time ECOWAS has partnered with a member state to establish an internationalized tribunal to prosecute crimes of such gravity committed within a member state’s territory.
Background
In 2018, the Government of The Gambia established the Truth, Reconciliation, and Reparations Commission (TRRC) to investigate and document gross human rights violations committed during this period. The TRRC collected extensive testimonies from victims, witnesses, and perpetrators, and in its November 2021 report, recommended reparations, institutional reforms, and the prosecution of individuals bearing the greatest responsibility for these atrocities.
Recognizing that some crimes, such as torture, cruel and inhumane treatment, and other international crimes, were not adequately addressed under domestic law, the Government of The Gambian sought to establish an internationalized tribunal. In October 2022, The Gambia formally proposed a partnership with ECOWAS to create a Special Tribunal that integrates both domestic and international legal frameworks to ensure accountability and justice for victims.
Structure and Mandate of the Special Tribunal The Special Tribunal for The Gambia will be an independent, sui generis institution, combining elements of both domestic and international law. Its structure will include Gambian, ECOWAS and International Judges, prosecutors, and staff, along with international experts as necessary.
The Tribunal will have jurisdiction over international crimes as well as serious violations under Gambian law. While headquartered in The Gambia, the Tribunal will have the flexibility to hold proceedings in a third country if required for practical or security reasons. It will operate with full judicial and operational independence.
Statements of Gratitude and Commitment
H.E. President Adama Barrow expressed deep gratitude to the ECOWAS Heads of State for approving this monumental decision. The Government of The Gambia also extend its appreciation to the ECOWAS community, members of The Gambia - ECOWAS Joint Technical Committee, other stakeholders and our bilateral and multilateral development partners who provided technical, moral, and financial support toward this achievement.
The Attorney General and Minister of Justice of The Gambia reaffirms the Government’s commitment to ensuring justice for victims, promoting national reconciliation, and fostering a more equitable society.
