President Obama's special envoy to Sudan told senators Thursday that the designation is no longer applicable. But others in the administration disagree.
Over four years after a peace agreement ended Sudan's bloody civil war a ruling in the Hague may resolve control of a rich oil field, but may also spark more conflict.
International officials and Sudanese say the apparent compromise could be first step on road to peace.
The decision by Mercy Corps, Care, and others to go back to Sudan's troubled region after being kicked out in March opens fresh debate over how to deliver aid to people living under oppressive regimes.
JEM rebels, who have seized two key towns, have stepped up the fight to create a 'liberated' zone. Peace talks are scheduled for Wednesday.
Nearly two months after 13 major international aid agencies were expelled from Sudan, concerns rise that rebel groups are uniting in preparation for fresh attacks.
At the Arab League summit Monday, the UN secretary general condemned Sudan's expulsion of humanitarian aid groups in response to the ICC arrest warrant for Bashir.
Three Western aid workers were released Saturday. The government denies involvement but some analysts see a broader strategy at work.
Three aid workers were kidnapped this week, while others express concern about the health of the 1.1 million Darfuris left without assistance.