The International Criminal Court in The Hague has ordered the release of its first suspect since its establishment in 2002.

Thomas Lubanga, a Congolese militia leader was suspected of enlisting children in the army against their will and of forcing them to fight in battle.

He has been in custody in The Hague since 2006.

Judges ordered the proceedings against Mr Lubanga to be halted due to concerns about whether he could get a fair trial as his defence cannot view some evidence against him.

He will remain in detention for a further five days to give the prosecution time to appeal.

The prosecution immediately confirmed that it would appeal Mr Lubanga's release.