International Criminal Court judges say former Ivory Coast President Laurent Gbagbo and a former government minister should be released immediately following their acquittal on charges of involvement in deadly post-election violence in 2010.

Prosecutors have said they will appeal the acquittals once judges issue their written majority decision on Gbagbo and Charles Ble Goude and asked judges not to release the men.

But Presiding Judge Cuno Tarfusser says a majority of the three-judge panel rejected the prosecution request, clearing the way for the men to be released once diplomatic formalities are completed.

Judges first ordered their release Tuesday after acquitting them on charges of crimes against humanity including murder, rape and persecution.

Prosecutors can appeal Wednesday’s decision, potentially holding up the men’s release.

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