

The International Criminal Court (ICC) has reiterated strict reminders on courtroom protocol and media engagement during the second status conference in the case involving former President Rodrigo Duterte, specifically citing previous public remarks made by former lead defense counsel Atty. Nicholas Kaufman.
ICC Trial Chamber III Presiding Judge Joanna Korner emphasized that court proceedings must not be influenced by public commentary, warning that any statements made during private sessions are strictly confidential and should not be reported.
“Can I just issue a reminder to the media that anything that is said in private session may not be reported?” Korner said.
She noted that earlier media coverage of the proceedings had been affected by public statements made by Kaufman, which she said were not helpful to the integrity of the case.
“Part of the reporting of the earlier proceedings was not assisted by comments made by previous defense counsel Nicholas Kaufman to the media,” she added.
Judge Korner recalled that the court had previously issued a formal reminder to Kaufman on October 3, 2025, emphasizing his professional duty to remain respectful and courteous toward the chamber. However, she said the warning appeared to have had no effect.
She also referenced a later instance on April 26, 2026, following the Appeals Chamber’s ruling on jurisdiction, when Kaufman reportedly gave at least two media interviews commenting on the decision.
According to Korner, some of those remarks reflected his personal views on the court’s legal rulings and were deemed inappropriate for public commentary by counsel involved in the case.
“In the light of this previous history, this Trial Chamber feels 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 said.
She stressed that the proper venue for legal arguments and concerns is the courtroom itself, not public discourse.
“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,” she said.
The ICC reiterated that adherence to procedural discipline and confidentiality is essential as the high-profile case continues under pre-trial review.
