The Gambia has appointed Martin Hackett as Special Prosecutor this year, following the approval of a hybrid Special Tribunal by ECOWAS in December 2024. This development sets the stage for potential accountability for past atrocities, marking a significant step in the nation's pursuit of justice. Hungarian-American human rights lawyer and prosecutor Reed Brody, known widely as the "Dictator Hunter" for his work in international human rights cases, commented on the precarious situation facing The Gambia. Brody stated, "If any alliance forms with Jammeh’s return as part of the bargain, that is a direct test of whether accountability survives contact with electoral politics." This sentiment notes the tension between political expediency and the imperative of justice.
He added that Gambians have a "strong, and entirely legitimate, expectation that this leads to trials — not a negotiated homecoming." Brody emphasized the government's consistent stance on the matter: "Jammeh is not above the law, and there is no legal or diplomatic basis for the claim that Ecowas guaranteed him safe return." This firm position from the Gambian authorities shows their commitment to upholding the rule of law. Brody concluded, "The infrastructure for prosecution finally exists. Whether it moves at the speed victims — waiting a decade and often more— actually need, is now as much a political question as a legal one." The victims of the past regime have endured years of waiting, and the establishment of these mechanisms offers a glimmer of hope for closure.
Building Accountability Infrastructure
The Special Accountability Mechanism Act was passed in 2024, establishing a full legal framework for addressing past abuses. This legislation underpins efforts to hold perpetrators accountable for crimes committed during the previous administration, providing the necessary legal foundation for prosecutions. A special division of The Gambia's High Court has been granted jurisdiction over offenses from the Jammeh-era, enabling the prosecution of individuals implicated in human rights violations. This judicial development is central to the country's pursuit of justice, ensuring that those responsible for grave crimes can be brought before the courts. The Gambia has taken more extensive steps than nearly any other African nation that has emerged from a truth commission process in establishing accountability mechanisms. This commitment reflects a significant institutional effort to address historical injustices through legal means, setting a precedent for other nations grappling with similar legacies. The establishment of these strong legal and judicial structures demonstrates a clear resolve to confront the past and prevent future impunity.
Legal Basis for Prosecution
The 2017 Joint Declaration on the Political Situation in The Gambia, a document frequently cited in discussions about former President Yahya Jammeh's departure, was never formally signed. This lack of formalization significantly weakens its legal standing. The incoming Gambian government subsequently rejected this declaration, asserting its sovereign right to determine the course of justice. Crucially, the 2017 Joint Declaration contains no provisions or assurances that would grant immunity from prosecution to any individual, a critical point that refutes claims of guaranteed protection for Jammeh.
Beyond the specifics of the 2017 declaration, international law generally prohibits amnesty or immunity for certain grave offenses. Crimes such as murder, torture, and sexual violence are not eligible for amnesties under international legal frameworks, reflecting a global consensus on the severity of these violations. This principle shows the legal limitations on any potential agreement that might seek to shield individuals from accountability for such serious human rights violations. The Gambian government's stance aligns with these international legal standards regarding impunity for severe crimes, reinforcing the nation's commitment to international justice norms. Any attempt to circumvent these principles would not only be legally unsound but also undermine the very foundation of justice for victims.
Voices of Concern
Human rights activist Madi Jobarteh has expressed strong concerns regarding any potential alliance that includes the return of former President Yahya Jammeh to The Gambia. Jobarteh stated, "Indeed the idea that any coalition will consider the return of the tinpot dictator Yahya Jammeh preferably to evade accountability as a condition is not only an affront to victims but also a threat to national unity and security." His strong words highlight the deep emotional and societal impact such a move would have. Jobarteh identifies the APRC No-To-Alliance as a group that denies the brutality and corruption of the Jammeh regime, effectively whitewashing a dark period in the nation's history.
According to Jobarteh, this group is "not seeking justice and reconciliation but hell-bent on defending an evil dictatorship that cost hundreds of lives and billions of dalasi while weaponised ethnicity, religion and culture thereby destroying the moral fabric of this society and almost irreparably divided our nation." He argues that the APRC party and its officers, who held executive and legislative positions, should be held accountable for entrenching dictatorship, as their actions directly contributed to the suffering of the Gambian people. Jobarteh urged citizens not to support candidates seeking coalition with what he termed "dictatorship enablers and apologists." He concluded, "If they do so and succeed, surely, they will also turn into dictators because they have demonstrated that they are not concerned about democracy and the republic and her citizens." His warning serves as a stark reminder of the importance of democratic principles and accountability in safeguarding the nation's future.
