ICC reminds lawyers: ‘Trials are not done by court of public opinion’

MANILA, Philippines – International lawyer Nicholas Kaufman is no longer former president Rodrigo Duterte’s counsel for his International Criminal Court (ICC) case, but his name still lingers in the court’s chambers.

Due to Kaufman’s past interviews concerning the court’s decisions, the ICC Trial Chamber III issued a reminder on Tuesday, June 23, to lawyers regarding media interviews.

“In light of this previous history, this trial chamber feels it incumbent to repeat the reminder or warning to all counsel in the case for the reasons that I have already expressed as to the importance of this trial,” said Trial Chamber Presiding Judge Joanna Korner during the second status conference.

“We see no reason why counsel should feel it necessary to make any comment to the media. 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 added.

The Trial Chamber III held the second status conference on Duterte’s case on Tuesday, where it discussed matters which included the counsel’s public statements.

According to Korner, the chamber already issued a reminder on October 3, 2025, against Kaufman regarding his “professional duty” to be respectful and courteous. The presiding judge said that despite this warning, Kaufman still gave two interviews commenting on a court decision in April.

“Some of those comments were his personal view of legal decisions made by the court as a whole and were, on any showing, wholly inappropriate. The more so when made by counsel in the case,” Korner said.

The chamber was likely referring to Kaufman’s interviews after the ICC appeals chamber junked Duterte’s challenge on jurisdiction on April 22, and when the Pre-Trial Chamber I confirmed all three counts of crimes against humanity case against Duterte a day later.

Meanwhile, Korner also reminded the media not to report about the things said during the trial’s private sessions.

“The first thing we wish to emphasize the need for the media to report to the public  accurately and fairly what is said in court, and above all, to avoid speculation. That is important in any trial, and it’s doubly important when it comes to a trial of serious allegations. Nothing could be more serious than these… of criminal activity,” the presiding judge said.

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The upcoming status conferences are scheduled on:

• July 14
• September 7
• October 13
• November 2

Duterte may waive his right to appear before the status conferences, but he is required to appear personally during the actual trial that starts on November 30. – Rappler.com