Why the ICC is cracking down on ‘fake news’ as Duterte trial looms
As Rodrigo Duterte’s crimes-against-humanity trial looms, an international tribunal faces the challenge of managing a sprawling prosecution case around the health of an 81-year-old former president of the Philippines, on top of shielding the proceedings from a highly charged media environment. Those pressures came into focus at an International Criminal Court (ICC) status conference on Wednesday,…
As the trial of former Philippine President Rodrigo Duterte, accused of crimes against humanity, nears, the International Criminal Court (ICC) faces the daunting task of managing a complex prosecution case amidst a highly contentious media environment. This challenge came to light at an ICC status conference, where Presiding Judge Joanna Korner urged prosecutors to streamline their evidence and witness list ahead of the November 30 trial opening while cautioning against using the media in a manner that could spread "fake news".
Legal experts note that such warnings are not uncommon in international criminal proceedings, but the severity of Korner's remarks highlights the specific challenges the court faces due to the intense scrutiny of its proceedings in the Philippines' political and social media landscape. Duterte, who surrendered to the ICC in The Hague in March 2025, appeared in person at the pre-trial conference on Wednesday, looking thinner but walking unassisted and without a cane.
During the conference, Korner warned defense and prosecution counsel against commenting on the media, stating that trials should not be conducted as a court of public opinion. She specifically criticized Duterte's former attorney Nicholas Kaufman for making "wholly inappropriate" personal remarks about the Pre-Trial Chamber's decisions in media interviews.
Korner emphasized the need for the media to report accurately and fairly, avoiding speculation. Legal experts, including Tom Smith and Ruben Carranza, shared that while Korner's warning is not unique to Duterte's case, the case's heightened political context and Duterte's influence amplify the relevance of her remarks. Smith stressed that while the court has not imposed a formal gag order, its communication strategy is crucial to prevent an information vacuum that could be filled by misinformation.
Carranza noted that the defense, led by Peter Haynes, is facing significant challenges due to the massive volume of evidence, including documents and videos amounting to 15,000 exhibits.
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