Ecowas heads of state yesterday approved the establishment of a special tribunal for The Gambia to prosecute perpetrators of gross human rights violations.
According to a statement from The Gambia’s Ministry of Justice, the decision also included the adoption of the Statute for the Tribunal, which will ensure justice and accountability for gross human rights violations committed between July 1994 and January 2017.
The statement read: “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 internationalised tribunal to prosecute crimes of such gravity committed within a member state’s territory.
“In 2018, the government of The Gambia established the Truth, Reconciliation, and Reparations Commission 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.
“Recognising 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 Gambia sought to establish an internationalised 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.
“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.”
