Gambiaj.com – (ABUJA, Nigeria) – In a historic move, the Authority of ECOWAS Heads of State and Government has approved the establishment of the Special Tribunal for The Gambia, a groundbreaking initiative aimed at prosecuting perpetrators of gross human rights violations committed between July 1994 and January 2017, under the regime of Yahya Jammeh. This decision was finalized at the 66th Ordinary Session of the ECOWAS Authority held in Abuja on December 15, 2024.

The tribunal’s establishment, alongside the adoption of its governing statute, is hailed as a milestone for justice and accountability in West Africa. For the first time, ECOWAS is partnering with a member state to create an internationalized tribunal to address crimes of such gravity within a member nation’s borders.

Background of the Initiative

The tribunal builds on the work of The Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC), established in 2018 to investigate and document atrocities committed during the 22-year regime of former President Yahya Jammeh.

The TRRC’s final report, published in November 2021, highlighted widespread abuses, including torture, enforced disappearances, and extrajudicial killings. It recommended reparations, institutional reforms, and prosecutions for those bearing the greatest responsibility.

Recognizing gaps in domestic legal frameworks for addressing international crimes such as torture and inhumane treatment, the Gambian government sought ECOWAS’s support in creating a tribunal that integrates domestic and international legal standards. The proposal, formally submitted in October 2022, culminated in this week’s decisive action by ECOWAS leaders.

Structure and Mandate

The Special Tribunal for The Gambia will function as an independent institution, blending elements of domestic and international law. Its structure will include judges, prosecutors, and staff drawn from The Gambia, ECOWAS member states, and the broader international community.

With headquarters in The Gambia, the tribunal may hold proceedings in third countries if necessary for security or logistical reasons. Its jurisdiction will cover serious crimes under Gambian law as well as international offenses, ensuring a comprehensive approach to justice.

Gambian President Adama Barrow expressed profound gratitude to the ECOWAS Heads of State for their support in achieving this significant milestone. “This decision reflects a shared commitment to justice, accountability, and reconciliation,” Barrow stated.

The Attorney General and Minister of Justice of The Gambia reaffirmed the government’s dedication to ensuring justice for victims, promoting national reconciliation, and fostering societal equity.

The government also thanked the ECOWAS community, the Gambia-ECOWAS Joint Technical Committee, and international partners for their technical and financial support in advancing this effort.

The establishment of the Special Tribunal sets a precedent in West Africa for addressing international crimes through regional cooperation. By ensuring accountability for past atrocities, the initiative aims to strengthen the rule of law and deter future violations, marking a critical step forward for The Gambia and the region as a whole.