African leaders have agreed to set up a Special Court for Sudan's Darfur conflict at a meeting in the Nigerian Federal Capital Abuja. The Hybrid court

South Africa’s Ex-President Thabo Mbeki told the African Union Peace and Security Council summit that all Sudanese people accepted that crimes were committed in their country during their conflict and the way forward is to try all those that committed crimes in Sudan.

The AU unanimously agreed earlier that they will not recognize the indictment of Sudanese President Oumar Al Bashir’s by the ICC. That International court has come under the microscope in recent times for what many accused the court of ‘witch hunting’ African leaders. The ICC argued that Bashir has a case to answer for crimes committed against black Arabs in Darfur.

A communiqué issued after the 207 summit according to the Nigerian Daily Trust newspaper among other things stated that the AU endorsed the introduction of legislation to remove all immunities of state actors suspected to committing crimes in Darfur, establishment of a Trust, Justice and Reconciliation Commission (TJRC) to promote truth telling and appropriate acts of reconciliation and to grant pardons as considered suitable.
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The Communiqué also stressed the need to create inclusive conditions for the successful holding in Darfur, as well as in the rest of the country (Sudan) of the April 2010 national elections provided for the comprehensive peace Agreement (CPA) and to ensure that Darfur fully participates in the national debate arising from the 2011 self-determination referendum in the Southern Sudan.

The communiqué stressed the importance of the general elections scheduled for April 2010 in the overall efforts towards the dramatic transformation of the Sudan, and for addressing in a lasting manner the many challenges facing the country.

The council also endorsed the recommendations as contained in the report (para 280-377) as they provide a clear and sound Road Map for achieving peace, justice, reconciliation and healing in Darfur, and thereby contribute to the overall objective of promoting sustainable peace and stability in the Sudan, and stresses that these recommendations shall be basis of AU engagement in Darfur and its interaction with its international partners.