Essa M. Faal is no stranger to high-stakes justice. The Gambian lawyer has prosecuted Darfur genocide suspects, led investigations at the International Criminal Court (ICC), and served his nation as lead counsel for the Truth, Reconciliation and Reparations Commission (TRRC), which exposed the atrocities of the regime of former president Yahya Jammeh.
After resigning from his latest ICC assignment – investigating crimes against the Rohingya in Myanmar – Faal has, for the second time, returned home with his sights set on national politics and his country’s presidency.
In this wide-ranging interview with Journalists For Justice, conducted at his residence in The Gambia, Faal discusses his work at the ICC, reflects on the TRRC’s unfinished business, and weighs in on the performance of President Adama Barrow’s government.
Determined to persuade the Gambian citizens to pick him in the 2026 presidential elections to lead the country, Faal outlines his vision for economic transformation, transitional justice, and what he describes as his “primary preoccupation”: recovering every dalasi stolen from the people.
The interview has been edited for clarity and to tailor it for publication.
JFJ: You were on an international assignment, but you’ve been back home in The Gambia for some months. What is your status?
Essa Faal: Well, even though I had taken up an international assignment, I wasn’t necessarily permanently based in The Hague. I was going back and forth, spending a lot of time in Gambia and occasionally working from here. In fact, for my last few months at the ICC, I worked virtually from home.
Currently, I am focusing on politics; being the voice of the people, speaking truth to power, and holding the government responsible and accountable for all the terrible things that are happening in the country. Also ensuring that the government is taken to task for all the shenanigans, especially the massive corruption that we have seen, the maladministration that is happening, the violation of rights, especially the rights of young people to peaceably assemble.
JFJ: How do you balance that with your international assignment?
Essa Faal: I resigned from the ICC. I did not want that assignment to jeopardise my politics, because Gambia comes first. Gambia is the most important thing for me.
JFJ: Remind us again, what was the objective of this assignment?
Essa Faal: It was to lead the Rohingya investigations. The ICC opened the investigations into the situation in Bangladesh and Myanmar in 2019 to identify those who bear the greatest responsibility for the violations that happened in Myanmar against the Rohingya people.
JFJ: How does your experience in international justice come in handy in this investigation?
Essa Faal: I think I’m one of those unique breeds of lawyers at the ICC who have both prosecutorial and investigation experience. Few would recall that I led the Darfur investigations, the genocide…. in 2005 and 2006, and the prosecution as the senior trial lawyer in 2007 onwards.
The situation in Bangladesh, Myanmar needed this kind of expertise. It needed a senior lawyer who was able to guide and direct the investigations and lead the prosecution. And we succeeded in our objectives. I led the team to file the warrant of arrest application against the current acting president of Myanmar, Senior General Min Aung Hlaing.
JFJ: What lessons do you think the world could learn from this case?
Essa Faal: In terms of maintenance of international peace and security, we had a situation where the UN Security Council was almost impotent, unable to act simply because of the polarisation in the council. What would have been ideal would be to have a referral from the UN Security Council to deal with the complete case in Myanmar, but that could not happen because of political differences. International criminal justice goes hand in hand with international politics, geopolitics, and international relations.
The other lesson is that it’s difficult to investigate and prosecute cases at the international level when the court does not have access to jurisdiction. It makes it complicated – access to witnesses, scientific evidence, and things like that.
Another important lesson – more of a technical nature – is that in certain theatres, you do have over-documentation of events, especially by NGOs or competing organisations. It’s difficult to find witnesses who’ve not been – I would not say tampered with – but are over-documented. They have been spoken to so many times, 10, 15 times, that a particular story emerges, not as a result of what the witness perceived, but because of the information the witness has gathered through multiple interviews, suggesting that it is what the international community is interested in.
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JFJ: With increased conflicts overall, what is the future of international justice?
Essa Faal: I think without international justice, there would be chaos. There would be anarchy. Even though the rule-based international order is being tested, especially with all these things that are happening in Gaza and Ukraine, the traditional norms are now being questioned or challenged. But I do want to believe that ultimately, the international legal order would bounce back.
The system is stressed as power balances shift. Previously, you had the United States, which was the main superpower, able to ensure near-perfect respect for international law. But the balance of power is now shifting from the US to China, to Russia. This is basically a rupture in the system. I do want to believe that there will come a time when the system will reset itself.
JFJ: The ICC has faced pressure, especially from the US, such as sanctions on court personnel. Do you think this will hamper future prosecutorial powers?
Essa Faal: Of course, it will. What’s happening is a real shame. We all see what is happening in Gaza. Much as Israel has rights, the Palestinian people also have rights, and it is important that the rights of both sides are seen to be respected.
JFJ: What about the perception that the ICC is targeting poor and developing countries?
Essa Faal: I think that perception no longer subsists. Lately, the ICC has been doing work in other jurisdictions that are not in Africa. Venezuela is one. For the first time in history, there’s a warrant of arrest for a sitting prime minister of Israel. Nobody would ever have thought that Israel and Palestine would ever be investigated, let alone warrants of arrest issued against their leaders. Kudos to Fatou Bom Bensouda, the previous prosecutor, who started the Palestinian case. The ICC is no longer what it was in the early 2000s.
JFJ: Can you recount some of your experiences at the TRRC?
Essa Faal: The TRRC was the highlight of my career. It was the most important case I have ever worked on, and not because of size – I have had many much bigger cases. I have done the Darfur case, which was a genocide. In 2003, it was characterised as the world’s worst humanitarian crisis – 300,000 people killed and millions of others sent out as refugees.
The TRRC, with about 200 killings, was relatively small. But the TRRC was home. This was about my country, my people, the people I belong to. This was about me. That’s why it was a deeply touching dossier for me.
The victims were not random foreign names. These are people that I knew, people who are related to me or to people that I know, people who speak the same language as me, who went to the same schools, ate at the same restaurants. This was a deeply personal one.
But sometimes it is painful. Some people have attacked me for taking up certain subjects at TRRC. I have heard people talking about how I handled the issue of religious freedoms when I brought in people like Imam Fatih, Imam Toure. I have received a lot of criticism; I have been insulted and attacked. Some people say I disrespected their leaders.
It shocks me. I was just doing the job the whole country had asked me to do. My loyalty was, still is, and will always be to the constitution and the people of this country, not to any single individual. That loyalty and commitment compelled me to do my best according to the law, without fear or favour, affection or ill will. I did that job on the basis of my belief as a Muslim that all people should be treated equally…. That is why I was able to do the Rohingya case. Equally, in Gambia, if there are groups that are being persecuted for religious reasons, I have an obligation to protect those rights.
I cannot remember anywhere during those proceedings where I was disrespectful to anyone… If, in the process, I offended anybody, I am deeply sorry… But be assured, if I am given another chance to work for this country, I will do it to the best of my ability, and without fear or favour… and let the chips fall where they may.
JFJ: In your view, have the recommendations of the TRRC been fulfilled?
Essa Faal: Gambians are still waiting for our government to implement the TRRC recommendations. We submitted, I think, 268 recommendations, and I believe the government approved 265. I don’t know if the government has a plan. What we have not seen much of is the actual implementation.
I know that a lot of the government’s complaints are about a lack of funds, but a lot of the recommendations of the TRRC do not require significant financial outlay.
My humble view is that this government, the Adama Barrow government, does not have the political will [to implement the recommendations]. They have no respect for the victims. If they did, they would have honoured the victims by paying the necessary reparations.
JFJ: What would you have done?
Essa Faal: I would have implemented the recommendations, not necessarily to the letter. When we participated in writing the recommendations, we did it without any partisanship. Governments don’t necessarily work like that; they have to do a lot of balancing acts. But by and large, I would say that we would do what the Gambian people want, which is to implement the TRRC recommendations.
If I were president, I would emphasise reconciliation and unity. Accountability is important. Yes, there would be accountability. But I would place greater emphasis on reconciliation. I would put a lot of money into reconciliation, cohesion, and unity because these are the things that take us forward.
JFJ: And currently, there is no reconciliation policy?
Essa Faal: This government is only interested in perpetuating itself in power. They are only interested in putting their friends and people who protect them in power.
A recent example is the unceremonious and unconstitutional removal of the Auditor–General from office. It doesn’t matter whether that person is qualified. What matters is the process, and the process was unconstitutional. The Barrow government must not disrespect the Gambian people so much as to use autocratic powers the way Jammeh did. Even Jammeh was not brazen enough to send police to remove people from their offices.
JFJ: What do you hope to achieve in the presidential race?
Essa Faal: To dislodge, to remove the Barrow government from power in December 2026. The Gambian youth should express their unhappiness and the Gambian people their dissatisfaction with the kleptocratic government of Adama Barrow. Look at the audit report, the missing millions. This is a government of thieves. We should boot them out.
I promise the Gambian people one thing: If you give me the honour of making me your president, rest assured, I will go after all these thieves who have stolen your money. It would be my primary preoccupation from day one. I will ensure we recover every single butut that has been stolen from you, the Gambian people.
You must all remember that any butut stolen impacts negatively on the roads, the hospitals, and the schools that you should have. It’s a shame that in Gambia, only five per cent of our candidates for the WASSCE (West African Senior School Certificate Examination) pass five subjects. It’s a national tragedy.
The corruption in this country must stop. Gambia is one of the most difficult places in the world to do business because everywhere you turn, they want to fleece you of money…. People who took the money will bring it back. There is Jahaly and Pacharr. We want to farm Jahaly and Pacharr 100 per cent. Those who steal our money must repay.
JFJ: What’s your plan for the economic progress of The Gambia?
Essa Faal: The Gambia’s economy needs a massive overhaul, rethinking, and re-engineering. We are a transactional economy and have no discernible holistic economic policy for The Gambia. What we have is a transactional government. They are busy selling all national assets. What does the government own now? Nothing.
Everything has been sold because the Ministry of Finance believes in transactions. The minister is trained to be transactional. He is an accountant. Smart as he is – one of the most intelligent Gambians I have ever met, one of the most qualified Gambian finance persons – he is not an economist, which is the kind of skill really needed in a finance minister.… If I were president today, I would probably give him the responsibility of the chief controller of the government. He’d be as powerful as the prime minister, and he would do exceptionally well. But that does not make him a good economist.
That is why our economy is going down. We have square pegs in round holes. If you don’t have the right doctor for the ailment, you never get cured. Look at agriculture. We have a nurse or a doctor who is responsible for our agriculture. You think our agriculture will ever work? Never!
JFJ: Where would you want to put the economy?
Essa Faal: My number one priority is agriculture. Our economy will not do well if we are an import-dependent country. We import everything, from Jahadu to Jumbo. I have heard this story of these old timers who went to Europe and some said they would not come home until Gambia is able to produce needles, pusas. They are still there because we still can’t do that.
I have met Gambian women who travel all the way to Wallo in Senegal to buy tomatoes to resell in Gambia. Can you imagine that? We cannot even produce enough tomatoes in this country. We spend $300 million to import what we eat. Our trade deficit with Senegal is almost $192 million. No wonder the dalasi is in a free fall against the CFA.
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Adama Barrow’s government has cost us dearly. The dalasi has depreciated 72 per cent since he took over. And by the time he is given the second mandate, it would have depreciated 100 per cent.
JFJ: Let’s go to governance
Essa Faal: This is one of the most important things but let me go back. Agriculture, we have to invest in that significantly.
My second priority is investing in the Gambian youths. We want to change Gambia after five years, and the only way is to change the lives of the Gambian youth. Within five years, we would invest $250 million – $50 million every year – to transform them from youths who sit the whole day drinking attaya in hopelessness.
I’m getting emotional because I am deeply committed to this. The plight of the Gambian people angers me. They say that Essa is angry. Yes! Trust me, I am angry. I am angry because of the mismanagement. I am angry because the Gambian youths are hopeless. I am angry because our mothers go to the markets and wander around for hours, not knowing what to buy because everything is expensive. I even learned that nowadays, when you go to the market to buy some fish, they may even charge you in CFA. What a shame! That’s a national disgrace!
Governance is important. Gambia is going down the drain because of corruption. We’ve all seen the Auditor-General’s reports. Hundreds of millions of dollars are missing. The maladministration! The nepotism! Can you imagine?
JFJ: What happened in 2021 that hindered your objectives? And what has changed now?
Essa Faal: 2021 was what it was. I don’t have to go back to it. I don’t have to give any excuses. I entered the race to yield to the demands of a lot of Gambians. And I have no regrets. None. Absolutely.
Let’s just say that the Gambian people have spoken and we have Adama Barrow as president. But rest assured that the people now realise that we have the most inept and the most kleptocratic government ever. I have never seen an audit report in Gambia which has catalogued so many violations, so much looting of Gambia’s resources…. It’s the worst that The Gambia has ever produced. We need to change this government.
JFJ: What about the allegations about the land that you are reported to have acquired?
Essa Faal: Look, that is a non-issue. It’s not interesting. The labelling or the accusations are foolish. They’re not supported by facts.
JFJ: But are you able to provide documentation to prove your side of the story?
Essa Faal: Of course I have. I have done so publicly. You should look at my interview at Kerr Fatou. I have shown all the documents. Did you hear the government come up with any counterclaims? No, and they will not. And I challenge them; come up with a counter-narrative. The government cannot because I have spoken the truth.
The government asked me to invest in tourism. They asked me. I came up with a proposal which they approved. They charged me and I paid. They promised to give me a location of their choice. They settled on their own option and wrote me letters to say that we have approved this place for you.
Then when I decided to run for office, they blocked it. Up to now, they have blocked it. They have my money. They did not give me any land. Yet people want to suggest any wrongdoing on my part.
JFJ: What would you tell supporters who feel this has tainted your credibility?
Essa Faal: There is no way on earth that this taints my credibility or my character. Have they produced something to show that I have taken anything? I have not taken anything, but they have my money.
My disappointment in all this is one thing: Gambians focus on the sensation. People who are looking to have Essa Faal caught in some wrongdoing started celebrating very early, not knowing the facts.
The disappointing thing is, for anybody who loves the country, their worry and fear should be about the conduct of government officials. Who abused the system?
Just imagine, an effort to make that place a reserved area was made in 1995. It was rejected by the government. You wait 27 years later and you write to one ministry to say gazette this. That is illegal. That is corruption. That is maladministration. This is arrogating to yourself powers that you do not have. This is what I thought the Gambian people would be focused on, and not that Essa has been given land, which I don’t have.
….All I wanted was to invest in my country, but for political reasons, they chose to block it. The only argument they have against me is, “Essa is Ahmadiyya.” They know that’s a blatant lie.… The real story is the audacity of an officer sitting in this office and writing to government departments, telling them 27 years ago, we tried to make this. Now make it. That is dishonesty. That is the story.
