The International Criminal Court (ICC) on Tuesday, June 23, reminded lawyers involved in the crimes against humanity case against former President Rodrigo Duterte to exercise caution when speaking to the media, stressing that legal disputes should be addressed in court rather than in the court of public opinion.

During the second status conference before ICC Trial Chamber III, Presiding Judge Joanna Korner issued a warning to counsel representing the prosecution, defense, and victims, citing the intense public interest surrounding the case.

“We see no reason why counsel should feel it necessary to make any comment to the media,” Korner said during the hearing held in The Hague. “The appropriate forum for counsel to raise matters is in the courtroom,” she added.

Korner emphasized that the case would be decided by the court based on the proceedings and evidence presented, rather than by public opinion.

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

Korner recalled a previous incident involving former Duterte defense counsel Nicholas Kaufman, who publicly commented on an ICC Appeals Chamber decision regarding jurisdiction despite earlier reminders from the court.

“Regrettably, that reminder had no effect,” Korner said, noting that such comments were “wholly inappropriate” for counsel involved in an ongoing case.

According to Korner, Kaufman gave media interviews following the Appeals Chamber ruling and expressed personal views on decisions made by the court.

The ICC also emphasized that all parties appearing before the tribunal are expected to maintain professionalism and respect toward the court throughout the proceedings.

Korner said the Chamber deemed it necessary to repeat its reminder to all counsel due to the significance of the case and the public attention it has generated in the Philippines and abroad.

She also stressed that any concerns or issues related to the proceedings should be formally raised before the court rather than discussed through media interviews or public statements.

Apart from addressing lawyers, Korner also appealed to media organizations and online platforms to ensure fair and accurate reporting of developments in the Duterte case.

She noted that the proceedings have attracted substantial media attention, particularly in the Philippines, and warned against speculation and the spread of misinformation.

“The first thing we need to emphasize is the need for the media to report to the public accurately and fairly what is said in court,” Korner said. “Above all, to avoid speculation,” she added.

The judge also cited the presence of what she described as “obviously fake news” circulating about the case.

The second status conference lasted less than 30 minutes and focused primarily on procedural matters ahead of Duterte’s trial, which is scheduled to begin on Nov. 30, 2026.

Among the issues discussed were deadlines for observations on expert panel reports, protocols for handling confidential information, limits on the prosecution’s trial brief, and the scheduling of future status conferences following the court’s judicial recess.

Like previous proceedings, Duterte did not attend the hearing after formally waiving his right to be present. He was represented by his legal counsel.

Duterte faces three counts of crimes against humanity in connection with killings linked to his anti-illegal drug campaign during his tenure as president and as mayor of Davao City.

The former Philippine president was arrested in March 2025 and remains in ICC custody pending trial.

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