Sudan says the International Criminal Court (ICC) has no jurisdiction to try its citizens for alleged crimes in Darfur.

After five years of violence and 200,000 deaths, the ICC's prosecutor has accused two men of 51 crimes against humanity and war crimes in 2003 and 2004.

ICC chief prosecutor Luis Moreno-Ocampo has named Janjaweed militia commander Ali Kushayb as bearing criminal responsibility for crimes against humanity and war crimes.

He says Kushayb ordered civilians to be terrorised through mass rape, killings, torture and deportation.

"Ali Kushayb was seen in military uniform issuing orders," he said.

"His forces pillaged and burned homes and shops.

"The attack ... lasted approximately five days and resulted in the destruction of most of the town and the death of more than 100 civilians, including 30 children."

Mr Ocampo says former interior minister Ahmed Haroun was a central figure in giving unlimited resources to the Janjaweed militia and in recruiting and arming their leaders, such as Kushayb.

"Ahmed Haroun personally delivered arms to militias and Janjaweed in Darfur," he said.

"He was seen in aircraft loaded with supplies of arms and ammunition in some cases ... and Kalashnikov rifles."

Sudan's Justice Minister has dismissed the court's evidence as lies concocted by those fighting the state.

Sudan says it has already questioned the minister and has cleared him of any responsibility, and they say the militia leader is still in their custody and will be dealt with in Sudanese courts.

Human rights groups have welcomed the progress in the case but say because of security concerns, the court's investigations has largely been conducted outside the Darfur region.

Fighting in Darfur continues despite peace talks and an African Union-led peacekeeping mission.

The United Nations and other aid agencies are running the world's largest relief operation in Darfur.

- BBC/ABC