MANILA — The International Criminal Court (ICC) has issued a warning to lawyers involved in the crimes against humanity case against former President Rodrigo Duterte, directing them to stop making public comments about the proceedings and stressing that legal arguments belong in the courtroom, not in the media.
During the second status conference of the case, ICC Trial Chamber III Presiding Judge Joanna Korner expressed concern over the intense media coverage and widespread social media discussions surrounding the proceedings, saying such attention has contributed to misinformation and risks undermining the judicial process.
“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,” she added.
Korner underscored that court decisions must be based on evidence and legal arguments presented before judges, not on public sentiment.
“Trials are not conducted by the court of public opinion but by this court during the course of the proceedings,” she said.
The judge also called on journalists covering the case to ensure accurate reporting and avoid speculation.
The warning followed comments made by British lawyer Nicholas Kaufman, Duterte’s former legal counsel, after an ICC Appeals Chamber ruling related to questions on the court’s jurisdiction.
Korner recalled that the ICC Pre-Trial Chamber had previously reminded Kaufman of his obligation to remain respectful and courteous toward the court.
“Regrettably, that reminder had no effect,” she said.
According to Korner, Kaufman later gave media interviews in which he publicly shared his personal views on legal rulings issued by the court.
“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.
Korner also pointed to what she described as a gap in the ICC Defense Code of Conduct, noting that it lacks explicit provisions governing lawyers’ comments to the media.
“We feel that this is a lacuna which should be rectified sooner rather than later,” Korner said.
Kaufman defended his actions, insisting that his statements were made in the interest of his client.
“I am far removed from the world of legal seminars and social functions that she (Korner) talked about in the first status conference where prosecutors, defense counsel and judges alike congregate in chummy fashion. Accordingly, it is not surprising that she finds me at fault for not conforming to the unspoken conventions that she expects from the members of such a unique club,” Kaufman said in a statement.
“If the media cannot benefit from the honest and raw views of defense counsel then all that remains is the Prosecution’s narrative. The former President was proud to have me as his counsel, and I was there to serve him – not the Court. The arguments that I raised at confirmation will be those, God willing, that I hope will lead to his ultimate acquittal,” he added.
Kaufman withdrew from Duterte’s legal team in May after the former president reportedly decided to appoint a new lawyer. He was subsequently replaced by British barrister Peter Haynes.
Duterte, 81, is facing charges of crimes against humanity over alleged killings linked to his anti-drug campaign during his presidency and his tenure as mayor of Davao City.
The ICC has set the start of Duterte’s trial on Nov. 30, 2026./PN
