A dictatorship marked by systematic human rights violations
From 1994 to 2017, Yahya Jammeh ruled The Gambia with an iron fist. During his regime, grave crimes were committed: summary executions, enforced disappearances, rapes, torture, arbitrary detentions, and even the forced administration of fake HIV/AIDS treatments. It is estimated that 240 to 250 people were executed under Jammeh’s rule. These atrocities, now recognized as crimes against humanity, left deep scars on the nation.
Jammeh was ousted from power in 2017 after losing the presidential election to Adama Barrow. Forced into exile, he has since lived in Equatorial Guinea, a country with which The Gambia has no extradition agreement. His exile has so far allowed him to evade justice.
A tribunal to address victims’ calls for justice
For years, victims and human rights advocates have called for justice. The establishment of this special tribunal is a direct response to their demands. It aims giving survivors the chance to hold accountability for the crimes committed under Jammeh’s regime before it is too late.
This tribunal also aligns with the recommendations of Gambia’s Truth, Reconciliation, and Reparations Commission (TRRC). It was established in 2017 and concluded its work in 2021. The TRRC identified Yahya Jammeh and his associates as responsible for widespread human rights abuses and urged their prosecution.
A hybrid jurisdiction to overcome legal barriers
One of the most significant aspects of the tribunal is its hybrid nature. Indeed, it blends elements of Gambian law with international legal principles. This allows the court to try international crimes, even if they were not recognized as offenses under Gambian law at the time they were committed.
Legal experts, such as lawyer Abdoulie Fatty, have pointed out the challenges posed by the principle of non-retroactivity. This principle prevents individuals from being prosecuted for actions that were not criminalized when they occurred. The hybrid court’s structure effectively addresses this issue, ensuring that no legal loopholes shield perpetrators from justice.
This innovative approach not only sets a precedent for The Gambia but also signals a broader shift in how regional bodies like ECOWAS can address crimes against humanity.
Challenges ahead
Despite its promise, the establishment of the tribunal faces significant hurdles.
One of the main obstacles is securing Jammeh’s extradition from Equatorial Guinea. Without an existing extradition agreement between the two countries, diplomatic pressure will be essential to persuade Equatorial Guinea to hand him over.
Also, the court is expected to cost around $10 million. Securing this funding will require support from international donors, non-governmental organizations, and ECOWAS member states.
Finally, finding qualified judges, lawyers, and investigators for the hybrid court poses another challenge. The unique nature of the tribunal, combining international and domestic legal systems, necessitates specialized expertise.
Signs of progress: international justice in action
Although Jammeh himself has not yet faced trial, recent cases suggest that justice is within reach. In May 2021, Ousman Sonko, Jammeh’s former interior minister, was sentenced to 20 years in prison by a Swiss court for crimes against humanity. Similarly, in November 2024, Bai Lowe, a Gambian ex-soldier, was convicted of murder and crimes against humanity for his role in the assassination of government critics.
These convictions demonstrate that international justice mechanisms can successfully prosecute individuals responsible for atrocities, even when domestic systems fail to do so. They also raise hopes that Jammeh and his key collaborators will eventually face trial.
Justice as a foundation for national healing
For Gambia, a small nation surrounded by Senegal, this tribunal represents more than just a mechanism to punish past crimes. It is a critical step toward national reconciliation and the restoration of the rule of law. After decades of oppression, Gambians deserve a future built on justice, transparency, and respect for human rights.
A message to Africa and the world
By creating this special tribunal, ECOWAS and Gambia are sending a powerful message to Africa and beyond. Crimes against humanity will not go unpunished. This initiative may inspire other regions to adopt similar approaches in holding authoritarian regimes accountable, reinforcing the importance of international justice.
While the road ahead is fraught with challenges, the hope for true justice is stronger than ever. For the victims of Yahya Jammeh’s regime, the tribunal is a promise that their suffering will not be forgotten. Those who abused power will be held to account. This moment could mark the beginning of a new era of accountability in Africa, where the long shadow of impunity is finally over.
