A judge of the International Criminal Court rebuked former Rodrigo Duterte lawyer Nicholas Kaufman for making what she described as “wholly inappropriate” public comments criticizing court decisions.
During the second status conference in Duterte’s case, Trial Chamber III Presiding Judge Joanna Korner said Kaufman had previously been reminded of his professional obligation to remain respectful and courteous toward the chamber but failed to do so.
Korner referred to two media interviews Kaufman gave after the Appeals Chamber’s April 26 ruling affirming the ICC’s jurisdiction over the former president.
“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.
Judicial warning
The British judge reminded all lawyers involved in the proceedings to exercise caution when discussing the case or court rulings with the media.
“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,” Korner said.
“Trials are not conducted by the court of public opinion, but by this court during the course of the proceedings,” she added.
The chamber also urged journalists to report accurately and fairly, warning that Duterte’s case had attracted purveyors of “undoubtedly fake news.”
It further cautioned media organizations against publishing information disclosed during private sessions.
Kaufman responds
In a statement, Kaufman defended his remarks, saying he had not breached the ethical obligations imposed on ICC counsel.
“I am far removed from the world of legal seminars and social functions that she talked about in the first status conference where prosecutors, defense counsel and judges all club together in chummy fashion,” he said.
“Accordingly, it is not surprising that she finds me at fault for not conforming to the unspoken conventions that she expects from the members of such a unique club.”
Kaufman added that his comments merely reflected views already being expressed privately within ICC circles.
“As she is presumably aware, nothing that I said is at variance with what is currently being said in corridors and elsewhere. And if the media cannot benefit from the honest views of defense counsel then all that remains is the prosecution’s narrative,” he said.
Kaufman has since been replaced by Peter Haynes, who will represent Duterte at his trial scheduled to begin on Nov. 30.
Next hearings
Duterte did not attend the status conference, but Haynes said the 81-year-old former president understood that he would be required to appear at trial in accordance with ICC rules.
Four additional status conferences are scheduled on July 14, Sept. 7, Oct. 13 and Nov. 2 to address administrative matters ahead of Duterte’s trial on crimes against humanity charges linked to his anti-drug campaign.
