Fabricated ICC judge quote circulates after Duterte crimes against humanity trial date set

"BREAKING NEWS! British ICC Judge Joanna Korner clarifies the legal standing of the ICC regarding former president Rodrigo Duterte since the Philippines has withdrawn its membership, the ICC has no jurisdiction, making any arrests unlawful," reads the post shared on a verified Facebook page on May 30, 2026.

British judge Joanna Korner is presiding over Duterte's trial at the Hague-based tribunal (archived link). 

The post, which has been shared hundreds of times, features a graphic that purportedly shows a "statement" from Korner, saying "Rodrigo Duterte should not be imprisoned". It also claims the ICC has no jurisdiction over the Philippines, which withdrew from the tribunal in March 2019 (archived link).

Image

Screenshot of false post taken on June 7, 2026, with red x added by AFP

The claim appeared online days after Korner approved the prosecution's request to begin trials in Duterte's crimes against humanity case from November 30 (archived link).

The 81-year-old will be the first Asian former head of state to face trial at the ICC, which prosecutes individuals for the world's gravest acts such as war crimes and crimes against humanity.

Duterte faces three counts of crimes against humanity, with prosecutors alleging his involvement in at least 76 murders between 2013 and 2018.

During February "confirmation of charges" hearings, the prosecution alleged Duterte killed thousands of suspected drug pushers and users, first as mayor of Davao City, then during his brutal anti-drug campaign as Philippine president.

The graphic racked up more than 13,000 shares in similar posts on Facebook and TikTok, with comments from users suggesting they believed the ICC judge voiced support for Duterte.

"Thank you Lord and judge Joanna Korner -- now please order his release from detention," reads a comment on a post.

Another user commented: "So now who's violating human rights if the court actually has no jurisdiction?"

But Korner's quote and the graphic, which uses a photo of the judge from the ICC website, are fabrications (archived link).

'Not correct'

"This statement is indeed not correct," a spokesperson for the ICC told AFP over email on June 1.

The spokesperson added that all public statements by judges are available in official news releases, filings and hearing transcripts -- and a review by AFP found no record of such a statement by Korner (archived link).

Korner heads the ICC's Trial Chamber III, which ruled on May 22 the former president "shall continue to be detained" pending trial (archived link).

The spokesperson also told AFP the ICC does have jurisdiction in the Duterte case as the alleged crimes were committed while the Philippines was a State Party to the Rome Statute -- the founding treaty of the court -- from November 1, 2011 to March 16, 2019 (archived link).

While Duterte's administration -- and later his legal team after he left office and was officially charged -- sought to halt the investigation and trial proceedings by arguing the court lost authority after Manila's exit, judges have consistently rejected the challenge (archived links here and here).

The ICC’s Appeals Chamber reaffirmed this stance on April 22, ruling that a state's withdrawal does not retroactively erase the tribunal's jurisdiction over alleged crimes committed during its period of membership (archived link).

AFP has previously debunked misinformation swirling around the former Philippine president.