After Kaufman’s ‘fake news’ row, ICC told Duterte case counsel: Refrain from public interviews

The International Criminal Court (ICC) Trial Chamber III reminded counsel of the parties in the case of former President Rodrigo Duterte to refrain from making public statements to the media following previous “inappropriate” comments made by former defense lead counsel Nicholas Kaufman criticizing the court’s “illegal decisions.”

Presiding Judge Joanna Korner issued the stern warning during Duterte’s second status conference on Tuesday, which the 81-year-old former leader again did not attend.

Korner argued that there is “no reason” for counsel to make comments related to the ongoing proceedings outside the courtroom, which she described as the only “appropriate forum” for raising legal matters.

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

The British judge lamented that Kaufman’s past statements not only attracted public attention and controversy but also fueled “suppliers of what is undoubtedly and obviously fake news.”

As early as October last year, Korner said the Pre-Trial Chamber I had already warned Kaufman of his legal duty to be respectful and courteous to the court, but the warning appeared to have gone unheeded.

She flagged Kaufman’s “wholly inappropriate” comments in two public interviews in April, just days after the Pre-Trial Chamber confirmed the charges against Duterte.

In those interviews, Kaufman allegedly described the court’s decision as “illegal,” which Korner suggested could undermine the proceedings.

“In light of this previous history, this Trial Chamber feels it incumbent to repeat the reminder or warning to all counsel in the case. We see no reason why counsel should feel it necessary to make any comment to the media,” Korner asserted.

Kaufman resigned as Duterte’s lead counsel in early May, shortly after the PTC-I handed down its decision. 

Prior to this, he had no qualms about criticizing the ICC proceedings. 

Although Korder did not specifically mention the interviews in question, Kaufman made similar statements on 22 April, accusing the court of facing “an existential crisis.” 

Kaufman said that his client was “a big catch” for the ICC, making it impossible for the tribunal to drop the case against the former president. 

Additionally, he claimed that the ICC is merely surviving to be significant despite sanctions from the United States because it holds high-profile figures like Duterte. 

The ICC will hold another status on 14 July to address procedural matters such as setting the deadlines for the respective observations of the prosecution, defense, and victims’ camp, on the impending report of the panel of medical experts to reevaluate the condition of the 81-year-old ex-leader ahead of the trial. 

ICC prosecutors requested an additional week to file their observations on the expert panel Report, which Duterte’s defense did not object to. 

Recently, the chamber granted the defense’s request for a new round of medical and psychiatric examinations, with expert reports due no later than 18 August to ensure that Duterte is physically and mentally sound during the trial proper.

While Duterte had been allowed to skip relevant ICC proceedings in the past, including the first status conference on 27 May, he is mandated to appear in the courtroom during the actual trial under the ICC  rules. 

Prior to his resignation, Kaufman petitioned the ICC to reverse the PTC-I’s 26 January decision, which found that his client still fit to stand trial. 

The ruling contradicted their repeated claims that Duterte is already too weak to participate in the proceedings due to his advanced age, unexplained weight loss, and cognitive impairment.