BRUSSELS: United Nations recommendations that violence in the Darfur region of Sudan should be referred to the International Criminal Court is threatening to bring tensions between the European Union and the United States over the issue to a head.

A five-member UN commission concluded on Monday that the widespread killings in the western region of Darfur in Sudan is not genocide, but that both the government and the Janjaweed militia are responsible for "serious violations of international human rights and humanitarian law amounting to crimes under international law."

The special UN commission "strongly" recommended that the 15-member UN Security Council refer the Darfur case to the International Criminal Court (ICC) in The Hague to pursue charges of crimes against humanity in Sudan.

The ICC, which came into being a year ago, is the first permanent global criminal court to try individuals for genocide, war crimes and massive human rights abuses. But the court has been an irritant in trans-Atlantic relations since 2001 when President George W. Bush started his first term in office.

While the European Union (EU) champions the court, the United States has refused to sign up to it. The dispute, which has been simmering for many years, resurfaced at a meeting of EU foreign ministers in Brussels on Monday following the UN commission's recommendations.

Germany, supported by the Netherlands and Sweden, is trying to get EU member states to pull together over the issue. Speaking after the ministers meeting, EU foreign affairs chief Javier Solana told media representatives that those responsible for the violence in Darfur should face war crimes charges at the ICC.

"Although Sudan is not a signatory to the ICC, the United Nations should really work in that direction if there are people accused of crimes against humanity," he said.

However, the United States insists that Sudan is committing genocide in the Darfur region and is urging the UN Security Council to consider imposing sanctions on Sudan.

It is also calling for the UN to set up a special court in Arusha, Tanzania, to try those accused of war crimes in the conflict in Sudan, rather than at the ICC. "Our lack of support for the International Criminal Court referral option should come as no surprise, given our well-known objections to the court," a spokesman at the US mission to the EU told IPS on Wednesday.

"The UN report makes clear the need for prompt Council action, and so it's in the best interest of all, especially the people of Darfur, to avoid protracted debate on the court."

The United States says its plans for a special court to deal with the Darfur case would involve African countries integrally in the process, in keeping with the African Union's leading role on Darfur.

"It also has the practical advantage of building on the existing infrastructure of the UN International Criminal Tribunal for Rwanda (ICTR). This will allow the Sudan tribunal to commence more rapidly and take advantage of existing expertise and lessons learned by the Rwanda tribunal," the spokesman said.

The disagreement over the Darfur case and the ICC threatens attempts from both sides of the Atlantic to mend relations following differences over the war in Iraq.