ICC warns Duterte lawyers over media comments

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 ex-defense lead counsel, Nicholas Kaufman, criticizing “illegal decisions” of the court.

Presiding Judge Joana Korner issued the stern warning during the second status conference of Duterte on Tuesday, which the 81-year-old ex-leader skipped anew.

Korner argued that there is “no reason” for counsel to make any comments related to the ongoing proceedings outside the courtroom — the only “appropriate forum” to raise 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 lawyer lamented that Kaufman’s past statements not only attracted public attention and controversy but also “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 it fell on deaf ears. 

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

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

 “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… 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. 

Before 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 hearing 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. 

Before his resignation, Kaufman petitioned the ICC to reverse the PTC-I’s 26 January decision, which found that his client was 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.