On 15 December 2024, the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS), meeting in Abuja, Nigeria, approved the Statute of the “Special Tribunal for The Gambia,” a hybrid court with Gambian and international personnel, and a mandate to prosecute crimes against humanity, torture and other serious crimes committed during the Yahya Jammeh regime. This marks a potentially groundbreaking development in the pursuit of justice and accountability for human rights violations within the region. This initiative raises important questions about the role of regional mechanisms in complementing international and national justice systems, particularly in addressing the legacy of authoritarian rule and systemic abuses.
Justice in transition
The Gambia’s recent history is marred by the 22-year rule of Yahya Jammeh, during which widespread human rights violations – including extrajudicial killings, torture, enforced disappearances, and sexual violence – were reportedly perpetrated. Following Mr Jammeh’s ouster in 2017, the Truth, Reconciliation, and Reparations Commission (TRRC) was established to uncover the truth about these violations and recommend measures for accountability and reparations.
President Yahya Jammeh
Yahya Jammeh
The TRRC hearings, which garnered significant national and international attention, provided a platform for victims and witnesses to share their experiences, leading to a comprehensive record of abuses. Its recommendations for prosecution were hailed as a critical step toward justice. However, political inertia and systemic weaknesses within The Gambia’s judiciary have hindered progress, creating a vacuum in accountability efforts. The ECOWAS-backed court emerges as a crucial mechanism to fill this void, offering an opportunity to transform the TRRC’s findings into tangible judicial outcomes.
Regional complementarity in action
Regional complementarity refers to the interplay between international, regional, and national justice mechanisms, where regional bodies step in to address accountability gaps at the national level while reinforcing international norms. The ECOWAS-backed special court represents a practical application of this principle.
This court reflects the growing recognition of Africa’s capacity to develop and implement its own solutions to justice and accountability challenges. By complementing international efforts, such as those by the International Criminal Court (ICC), and addressing jurisdictional gaps in The Gambia’s domestic system, the court underscores the value of regional ownership. It also aligns with the African Union’s aspiration for African solutions to African problems, ensuring that justice is pursued in a way that resonates with local cultural and social contexts.
3a. Contextual understanding: As a regional organisation, ECOWAS is well-placed to understand the socio-political dynamics of The Gambia and its neighbours, fostering a sense of ownership and legitimacy.
The court’s establishment builds on ECOWAS’s prior successes in promoting peace and democracy within the region, such as its role in resolving conflicts in Liberia and Sierra Leone. This legacy lends credibility to ECOWAS as an institution capable of addressing justice and accountability issues. By involving regional actors who share cultural and historical ties with The Gambia, the court has a better chance of earning the trust of local communities.
3b. Cost-effective justice: Regional mechanisms often operate at a fraction of the cost of international tribunals, making them more sustainable and accessible. The court’s regional character ensures that its operational costs remain relatively low compared to international tribunals such as the ICC or ad hoc courts like the Special Court for Sierra Leone. This efficiency is particularly important in a region where financial constraints often impede justice initiatives. Additionally, the court’s proximity to the affected communities enhances accessibility, allowing victims and stakeholders to actively engage in the justice process.
3c. Capacity building: The court’s operations could strengthen The Gambia’s domestic justice sector through knowledge transfer and training, contributing to long-term institutional reform. Beyond delivering justice, the court has the potential to leave a lasting legacy by building the capacity of The Gambia’s judiciary. Training programmes for judges, prosecutors, and investigators involved in the court can bolster domestic systems, enabling them to handle future cases of a similar nature. This dual focus on justice and capacity building ensures that the initiative has both immediate and enduring impacts.
