I have read and heard several views about the Tripartite Agreement not being legally binding, with some even describing it as “A Gentleman’s Agreement.” That description alone raises an important question: What does it really mean when a government enters into a gentleman’s agreement?
Based on that, let me share my one cent view on the nature, weight, and implications of such an agreement, especially when the party involved is not an individual or a private institution, but a government supposedly entrusted with public authority.
A gentleman’s agreement, by definition, is informal. It may not carry the force of law, but it carries something governments should value even more: the force of integrity, credibility, and moral responsibility.
When a government gives its word, whether written, unwritten, formal, or informal, it is not merely making a private promise. It is making a commitment in the presence of the nation and the international community.
So the real issue is not only whether such an agreement is legally binding. The deeper question is: What does it say about a government if it cannot keep its own word unless the law compels it? That is the lens through which I offer my reflections.
What Is a Gentleman’s Agreement?
A gentleman’s agreement is an informal understanding, often unwritten, based on trust, honour, and mutual respect rather than legal enforceability. It relies on the integrity of the parties involved rather than the coercive power of law.
Such agreements may be verbal, symbolic (e.g., a handshake), or implied through conduct, but they lack the formal elements required for a legally binding contract.
Is a Gentleman’s Agreement Legally Binding? Generally, the answer to that, is No.
A gentleman’s agreement is not legally binding because it lacks the formal requirements of a contract, such as clear terms, intention to create legal relations, and enforceability mechanisms. (To my own understanding, the Tripartite has all of these).
Even when a gentleman’s agreement is oral, courts typically require evidence of intent to be legally bound. Gentleman’s agreements, by definition, avoid such intent.
Why Is Gentleman’s Agreement Not Legally Binding?
Lack of formal documentation: Gentleman’s agreements are usually unwritten and informal. (The Tripartite Agreement does have formal documentation, signed and witnessed by the International Community. This further begs the question, is the tripartite agreement still a gentleman’s agreement?)
No intention to create legal obligations: They rely on honour, not law.
Ambiguity of terms: Without clear, enforceable terms, courts cannot adjudicate disputes.
Historical and conceptual nature: They are explicitly defined as non-binding understandings.
Source: The Sierra Leone Telegraph.
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