International Criminal Court (ICC) Trial Chamber III Presiding Judge Joanna Korner warned legal parties on Tuesday against discussing court proceedings in the media. During the second status conference for the case of former President Rodrigo Duterte, Judge Korner stated that public commentary risks fueling “fake news” and insisted that legal arguments must remain within the courtroom.
Why is the ICC restricting media comments?
Judge Korner cautioned that trial proceedings are not meant to be held in the “court of public opinion.” According to the presiding judge, comments made by legal counsel to the press often provoke “suppliers of fake news” and create unnecessary speculation regarding the serious allegations involved in the case. She explicitly reminded members of the media that proceedings conducted during private sessions remain confidential and cannot be reported to the public.
What prompted the warning from the chamber?
The warning follows a history of friction between the court and the defense. Judge Korner noted that previous reporting was hindered by comments from Rodrigo Duterte’s former lead counsel, Nicholas Kaufman. Despite a prior directive from the ICC pre-trial chamber requiring him to remain “respectful and courteous,” Kaufman provided multiple media interviews on April 26 following an appeals chamber decision on jurisdiction. Judge Korner characterized some of those past comments as “wholly inappropriate” personal views regarding the court’s legal decisions.
What are the potential next steps for defense conduct?
The court is now considering formal changes to its internal regulations to prevent future incidents. Judge Korner announced that she intends to revise the Defense Code of Conduct. The goal of this revision is to include specific, enforceable guidance regarding how counsel may interact with the media during active trials. If adopted, these changes could limit the ability of defense attorneys to publicly discuss or critique court rulings outside of official filings and courtroom hearings.
