Domestic implementation of international law
Islamic Republic of the Gambia
Domestic
LegislationResources and Links
Crimes Gambian law is formed from a variety of sources, including the Constitution, national legislation, decrees, English Law (Common law and the principles of equity), Sharia and customary law. Please note that full texts of legislation are generally not available online and that it was not possible to access the Criminal Code in force.
War Crimes
Gambia is a state party to the Geneva Conventions I, II, III, IV of 1949 (Ratification/Accession: 20 October 1966) and the two Additional Protocols of 1977 (Ratification/Accession: 12 January 1989).
Legislation relating to grave breaches of the Geneva Conventions, trial procedures and emblem protection are covered by the United Kingdom's Geneva Conventions Act (Colonial Territories) Order in Council, 1959 (Geneva Conventions Order), which extended the applicability of the United Kingdom Geneva Conventions Act of 1957 to colonial territories. According to information provided by the Geneva Academy of International Humanitarian Law and Human Rights (Switzerland), "an Ordinance in Gambia of 1 September 1959 modified this 1959 United Kingdom Order. The Geneva Conventions (Amendment Act) of 1995 is not, however, applicable in Gambia."The Geneva Conventions Act (Colonial Territories) Order in Council, 1959
UK Statutory Instruments, 1959, No. 1301, London. The National Archives, Ministry of Justice, United Kingdom.
The Gambia Red Cross Society Act (as at 1990) -an act to incorporate the Gambia Red Cross Society and for matters incidental thereto and connected therewith-. [Edition in progress].
International Criminal Court
Rome Statute of the International Criminal Court: Gambia signed the Rome Statute on 07 December 1998 and deposited its instrument of ratification on 28 June 2002. However, in accordance with article 127 (1) of the Rome Statute of the International Criminal Court, the Government of Gambia notified the Secretary-General of its decision to withdraw from the Rome Statute of the International Criminal Court (Depositary Notification: C.N.862.2016.TREATIES-XVIII.10 /// Date of notification: 10 November 2016). On 10 February 2017, the Government of The Gambia notified the Secretary-General of its decision to rescind its notification of withdrawal from the Rome Statute deposited with the Secretary-General on 10 November 2016. (C.N.62.2017.TREATIES-XVIII.10 of 16 February 2017).
See:
Gambia: Withdrawal of notification of withdrawal from the Rome Statute of the ICC.
C.N.62.2017.TREATIES-XVIII.10 (Depositary Notification), 16 February 2017. [ENG]
Gambia to rejoin Commonwealth, ICC.
Deutsche Welle, Germany, 14 February 2017
Gambia is the latest African country deciding to pull out of International Criminal Court.
By Kevin Sieff, Nairobi, The Washington Post, 26 October 2016
The Constitution of The Republic of The Gambia. (1997, reprinted 2002)
The Gambia National Assembly. [ENG]. [Last accessed 15Nov17]. [External Link to pdf document].
Guide to Law Online: Gambia.
Law Library, Library of Congress. Last accessed 15Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Gambia is a State party.
(International Committee of the Red Cross). [ENG] [Last accessed 15Nov17] [External Link]