FACT CHECK: Video of ICC judge saying Duterte should not be imprisoned is AI-generated

Claim: A video shows International Criminal Court (ICC) Trial Chamber III Judge Joanna Korner saying that former president Rodrigo Duterte should not be imprisoned because the tribunal no longer has jurisdiction over the Philippines. 

Rating: FALSE 

Why we fact-checked this: One Facebook reel bearing the claim has already received 8,600 views, 146 reactions, 19 comments, and 23 shares as of writing. It was posted on May 31, days after the status conference on Duterte’s trial was held. 

The video shows Korner supposedly saying, “Rodrigo Duterte should not be imprisoned. The Philippines is no longer an ICC member.” 

Text superimposed on the video further states that the ICC has no jurisdiction over the Philippines and that it would be unlawful to continue to detain Duterte. 

Many Facebook users in the comment section believed the authenticity of the video, with several expressing hope for Duterte’s return to the Philippines.

The facts: Korner did not make the statement, and the video is fake. AI video detector Hive Moderation flagged the video as 99% likely to contain AI-generated speech. An analysis by Sight Engine on a screenshot of the video shows a 99% likelihood of it being AI-generated. 

There are also no official reports from the ICC indicating that Korner made the remark. Several fact-checking organizations have already flagged the claim as false. 

VERA Files, in a fact-check published on June 2, stated that there are no official records on the ICC website or statements made during the first status conference that can support the false claim. In its fact-check, ABS-CBN noted that during the status conference, the ICC actually scheduled the trial to start on November 30, contrary to claims that the tribunal dismissed Duterte’s case. 

ICC jurisdiction: Contrary to the claim, the ICC actually affirmed its jurisdiction over Duterte’s case in a decision on April 22. It was the third and final decision from the ICC after previously rejecting Duterte’s appeal to dismiss his case on the grounds of the jurisdiction issue. 

In an October 2025 ruling, the ICC pre-trial chamber judges said, “The chamber finds that the Court can exercise jurisdiction in the present case over the crimes alleged against Mr. Duterte that were committed on the territory of the Philippines while it was a state party.” 

Rappler has previously fact-checked similar false claims about the ICC’s jurisdiction in Duterte’s case. While the Philippines’ withdrawal from the tribunal became official in March 2019, the alleged crimes under investigation were committed from November 2011 to March 2019, when the Philippines was still a member of the ICC. 

Article 127 of the Rome Statute also says withdrawal shall not affect proceedings that were already started.

Status conference: During the first status conference on May 27, the ICC judges called for speedy proceedings due to concerns over Duterte’s health. Korner also reminded the judges and counsels to avoid discussing the case outside the court. This comes following her disclosure, for transparency, that she has personally known ICC prosecutor and senior trial lawyer Julian Nicholls, as well as Duterte’s lead counsel Peter Haynes.

Duterte has been detained in The Hague, Netherlands, to face charges of crimes against humanity related to his administration’s campaign against illegal drugs, which reportedly killed over 30,000 victims, according to human rights groups. 

Previous fact-checks: Rappler has previously fact-checked similar false claims about Duterte’s ICC case: 

• FACT CHECK: News graphic claiming ICC will release Duterte is fake 
• FACT CHECK: Post misuses news report to claim ICC arrest warrant vs Dela Rosa is fake 
• FACT CHECK: No ICC ruling allowing Duterte to return to PH wearing location tracker 
• FACT CHECK: ICC has jurisdiction over PH drug war casesFACT CHECK: ICC has jurisdiction over drug war cases despite PH withdrawal

– Angelee Kaye Abelinde/Rappler.com 

Angelee Kaye Abelinde is a student journalist based in Naga City, and an alumna of Rappler’s Aries Rufo Journalism Fellowship 2024. 

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