Judges halted proceedings against Thomas Lubanga last month due to concerns he could be denied a fair trial as his defence cannot view some evidence against him. Accused of enlisting child soldiers, he has been in custody in The Hague since 2006.
Sources close to the court said judges had ruled he should be released in five days unless the prosecution or defence appeals. The court was not immediately available to comment.
Victims of his alleged crimes have warned his release could reignite conflict in Congo's volatile Ituri region.
Lubanga's trial had been due to start last week and the halt to proceedings is a major setback for the court set up in 2002, which now has 106 member states and is also investigating crimes in Sudan, Uganda and the Central African Republic.
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