ICC warns against 'fake news'; flags Duterte's former counsel
During the second status conference on June 23, Judge Joanna Korner addressed the spread of fake news surrounding former president Rodrigo Duterte's case and cited remarks made by his former lead counsel, Nicholas Kaufmann, despite an earlier warning from the court.
Lawyers involved in Duterte's case were reminded to maintain professionalism and refrain from publicly commenting on the proceedings before the International Criminal Court.
"This case has attracted, not surprisingly, a substantial amount of media interest in the Philippines in particular. That's not, of course, only mainstream media, but, as is common these days, social media, and additionally appears to have provoked suppliers of what is undoubtedly fake news, and obviously fake news," she began.
Korner stressed the importance of accurate and responsible reporting as the case continues before the ICC. She also pointed to interviews given by Kaufmann as she reiterated the court's warning against inappropriate public commentary by counsel.
"Can I just issue a reminder to the media that anything which is said in private session may not be reported? Part of the reporting of the earlier proceedings in this case was not assisted by comments made by previous defence counsel, Nicholas Kaufmann, to the media," she continued.
Korner said the pre-trial chamber had previously reminded Kaufmann of his professional obligations to the court, but that the warning "had no effect." She added that some comments he made in media interviews following the Appeals Chamber's jurisdiction ruling reflected his personal views on the court's legal decisions and were inappropriate for counsel involved in the case.
"In the light of this previous history, this trial chamber feels it incumbent to repeat the reminder or warning," Korner said.
"To all counsel in the case, for the reasons that I have already expressed as to the importance of this trial, 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. Trials are not conducted by the court of public opinion but by this court during the course of the proceedings," Korner stressed.
Korner noted that, aside from broad provisions in the Defence Code of Conduct, ICC codes provide little guidance on lawyers' interactions with the media. She said the court considers this a gap that should be remedied as soon as possible.
The court set the dates for the upcoming status conferences: July 14, Sept. 7, Oct. 13, and Nov. 2. These dates have been placed on the calendar, although Korner said that hearings may be canceled if there are no matters that need to be discussed.
The judge noted that the Sept. 7 conference is expected to be particularly important because reports are expected to have been submitted by then. She added that the court also expects Duterte to attend that hearing, unless prevented by a medical issue.
Duterte waived his right to attend the June 23 status conference. He also skipped his first status conference last May 27, which focused on the start date of his trial, pre-trial deadlines, the volume of evidence to be presented, and the language to be used at trial.’’
He is set to go on trial before the ICC on Nov. 30, months after judges confirmed in April three counts of crimes against humanity against him. Prosecutors allege he played a role in at least 76 killings linked to his anti-drug campaign under his administration.
The former president has been detained at The Hague since his arrest in March 2025.
