Depending on whom you believe, China's political consul in Sydney is either a passionate convert to democracy, or a man who simply does not want to go home. Canberra wants to forge closer ties with China and is in the throes of negotiating a free trade agreement. If it gives sanctuary to Mr Chen, Beijing will be deeply displeased. If it hands him over, it will face opprobrium at home.For Mr Chen, the signs so far are not encouraging. Indeed, his attempts to jump ship have met with a near farcical response from Australian officials. His friends say he fears for his life if forced to return to China.Yesterday, the Chinese ambassador in Canberra, Fu Ying, declared Mr Chen's motives for quitting his job were far more mundane. After years spent monitoring their activities in Australia as part of his job, he said, he now espoused their cause.The young diplomat also claimed he was being followed by Chinese spies, who wanted to kidnap and repatriate him.

She said an application for ordinary refugee status was now being considered but made clear that he should not expect special treatment.Emerging from "semi-hiding" at the weekend to address a rally to commemorate the Tiananmen Square massacre, Mr Chen, 37, said his defection was inspired by sympathy for Chinese dissidents and opposition activists. They not only rejected his request for political asylum without interviewing him, he claims, but also telephoned his superiors at the consulate-general to report him.The Immigration Minister, Amanda Vanstone, refused to comment last night on efforts by the diplomat to seek asylum. "It will form part of a collective effort, complementing African Union and other initiatives to end the violence in Darfur and to promote justice," he said.The court launched its first investigations last year into crimes in the Democratic Republic of Congo and Uganda - though in both cases the government involved referred the cases. As a UN member state, Sudan is obliged to co-operate with the ICC investigation."Mr Moreno-Ocampo called for co-operation from national and international parties.

Richard Dicker, of Human Rights Watch, said: "The decision of the prosecutor to investigate mass slaughter and rape in Darfur will start the wheels of justice turning for the victims of these atrocities. Sudan's government is accused of retaliating by arming the local Arab militia, whom rebels accuse of burning down villages and killing and raping civilians. Khartoum denies the charge.As well as the tens of thousands of those who have died in Darfur through violence, hunger and disease, more than two million people have fled their homes. Though the men have not been named, they are believed to include senior Sudanese government and army officials, militia leaders, and rebel and foreign army commanders. The office of the prosecutor at the ICC, Luis Moreno-Ocampo, said he had requested information from several sources, collecting thousands of documents, and that more than 50 independent experts had been contacted.The Darfur conflict broke out in February 2003 when rebels took up arms against the Arab-dominated government, accusing Khartoum of discrimination against non-Arabs in the arid region. Darfur is now set to become a test case that will make or break the court's reputation.