ICC warns lawyers against media comments in Duterte case

Citing the interviews of former President Rodrigo Duterte’s legal counsel, the International Criminal Court (ICC) Trial Chamber III on Tuesday warned parties in the case about commenting to the media regarding the proceedings.

Presiding Judge Joanna Korner said that the case garnered significant media and social media attention in the Philippines and appeared to have provoked "suppliers of fake news."

"In the light of this previous history, this Trial Chamber feels it incumbent to repeat the reminder or warning to all counsel in the case, for the reasons that I have already expressed as to the importance of this trial," Korner said.

“We see no reason why counsel should feel it necessary to make any comment to the media. The appropriate forum for counsel to raise matters is in the courtroom,” Korner said during the case’s second status conference.

“Trials are not conducted by the court of public opinion but by this court during the course of the proceedings,” she added.

Korner also called on the media to report accurately and fairly, and to avoid speculation.

She said that reports on the earlier proceedings were not assisted by comments made by Duterte’s previous counsel, lawyer Nicholas Kaufman.

The judge recalled that the Pre-Trial Chamber had previously reminded Kaufman of his duty to be respectful and courteous to the chamber.

“Regrettably, that reminder had no effect,” she said.

Korner said that after the ICC Appeals Chamber made its decision on the appeal against the court’s jurisdiction, Kaufman gave two interviews regarding the decision.

“Some of those comments were his personal view of legal decisions made by the court as a whole and were, on any showing, wholly inappropriate, the more so when made by counsel in the case,” she said.

Meanwhile, Korner expressed surprise that the Defense Code of Conduct does not contain guidance on commenting to the media.

“We feel that this is a lacuna which should be rectified sooner rather than later,” she said.

In May, Kaufman withdrew as Duterte’s counsel, indicating that the 81-year-old expressed a desire to release him from his representation and hire another counsel to replace him.

Lawyer Peter Haynes replaced him.

Duterte is facing charges for crimes against humanity over alleged killings during his time as President and Davao City mayor. He is set to face trial on November 30, 2026. –NB, GMA News