Nairobi/The Hague - The International Criminal Court (ICC) has ordered the release of the first Congolese warlord to appear before it charged of war crimes, saying he could not be guaranteed a fair trial, reports said Wednesday. The court said in a statement that is was making no finding on the guilt or innocence of warlord Thomas Lubanga Dyilo, who was accused of recruiting child soldiers in the Democratic Republic of Congo (DRC).
It said the release was the logical consequence of a suspension of proceedings, which came about when the prosecution withheld key evidence from the defence.
However, Lubanga must wait five days before being set free in order to give the prosecution time to appeal.
Lubanga was the head of the Union of Congolese Patriots (UPC) militia in the Ituri province, north-east DRC.
Over 5 million people are estimated to have died as a result of the long conflict in the resource-rich country.
The conflict is often referred to as the African World War due to the large number of different armed forces involved.
The war officially ended in 2003 when a transitional government took control.
However, clashes between various militia groups, government forces and peacekeepers have continued.
Lubanga was arrested in March 2006 and brought before the court to face charges of forcing children to fight in his militia between September 2002 and August 2003.
The warlord denied the charges, saying he was being punished for refusing to give mining concessions to foreign companies in areas controlled by his militia.
The ICC was established in 2002 as the permanent tribunal to deal with war crimes, genocide and crimes against humanity.
