31/05/2026
Haynes, next level for the next level
Judge Joanna Korner raises the Bar
Opinion by: Den got Politics
May 31, 2026
A Status Conference as the one held last Wednesday isn’t a very exciting setting in general. It is procedural, nothing much to litigate on yet. Although the setting of the trial perimeters on Wednesday was interesting. Not only is it about submitting evidence, witnesses, experts, but it is also about the use of video calls, agreed facts and the expected cooperation between parties.
The appreciation by Judge Korner for the more professional and experienced team representing parties on both sides was a clear opening statement. A statement that set out to start fresh and give parties a chance to live up to their perceived status.
Presiding Judge Joanna Korner set out the parts to play by the Prosecutor, Defence, Victims representatives and Registry by citing the rules and Statute when applicable.
The Prosecutor and the Defence are the main parties involved in the trial and the Victims representative is for example not involved in setting out the facts that parties agreed upon. If the Victims representatives find issues with those agreed facts, the Judges will decide if they can object to those facts before considering. Mrs. Massidda, the counsel for Victims representation, was visibly taken off guard by the procedural push-back by Judge Korner. Judge Korner however, was pleasant in explaining the procedure and kept an open perspective.
The overall conduct toward Judge Korner was obedient and respectful. Mr. Nichols for the Prosecutor seemed quite apologetic for the previous conduct and mistakes made by his office. Reluctance in disclosing information was excused as an oversight, and a promise was made these mistakes wouldn’t be repeated. The Prosecutor appeared to be in defense because of the previous conduct of the office. Although excuses were already made for not making deadlines as a result of the holidays, they will have to revoke holiday leave. It appeared Judge Korner had to remind the Prosecutor of the professional standard.
“We are not impressed; we would like you to get on with it”
Peter Haynes has a natural charisma in his appearance, confident, relaxed and accurate. His methods are refreshing after the tantrums we saw exchanged between Kaufman and Nichols in the pre-trial and the damaging media appearances of Deputy Prosecutor Mame Mandiaye Niang. Mame implied in his interviews legitimacy of receiving cash when confronted with the cash payout to ICC-investigators at the center of the corruption scandal in the Philippines.
Haynes pointed out several issues but meanwhile not cutting off the procedure but aiming at continuity.
- ‘We will be ready whenever we need to be, but if we have to start sooner mister Nichols has to do a little better’. On the issue of late disclosure of evidence and adding on new items of evidence, three months to prepare is a minimum.
- ‘The addition of witnesses and victims by large numbers who will be disappointed because they will not be allegeable for reparations, will delay the proceedings. The Defence will not have ample means and time to cross-examine and counter investigate all these new additions. The scope of incidents, victims and witnesses should stay limited’.
- Also, to the displeasure of Judge Korner, the charges were set as open for addition during trial by Pre-Trial Chamber I, apart from the violation of PRRD’s rights to be aware before trial of these charges. It also limits the effective and expeditious proceedings of the trial itself.
- There has been no full medical examination during the pre-trial and Trial Chambre III has the obligation to also investigate the fitness to stand trial. Judge Korner expressed her concerns on Dutertes health in relation to the proceedings and ordered the examination. Prosecutor and Defence were ordered to agree upon an instruction letter for the medical experts.
The matter of interpretation was also a hot topic. Mostly The Registry has issues finding and training interpreters for all the different witnesses. Mostly caused again by the lack of disclosure on the side of the Prosecutor and the stricter vetting process selecting candidates. Judge Korner pointed out since the local Philippine courts use English; there would be a chance to find interpreters there. Maybe they will not pass the vetting process or, they do not wish to associate themselves with a neo-colonial court infringing on the judiciary powers of the Philippine courts? Slightly disturbing is the lack of knowledge shown by Judge Korner on the Philippine courts, even the fact that English is one of the main languages spoken was until recently unknown to her.
Nichols for the Prosecution wanted a translated broadcast so people in the Philippines could follow the proceedings in Tagalog and other languages. The agenda of the ICC is clear; they want the Philippines back as a State Party and this broadcast is considered its neo-colonial propaganda.
Most notable form this first Status Conference is the fact that is now revealed; The ICC is still investigating in the Philippines under the full cooperation of the Marcos administration.
Collecting of evidence, interviewing witnesses, scouting for victims; this shows how ill-prepared the Prosecutor was and the fact they lack compelling evidence. Still on a fishing expedition out on a witch-hunt. This is why they wanted an opening to add charges; they are unable to prove. As Haynes stated, there are no crimes against humanity here.
There is a lot to arrange still, so there will be at least two more Status Conferences.
