The legal team representing former Philippine President Rodrigo Duterte convened on Sunday to finalize its composition in preparation for his defense against charges of crimes against humanity before the International Criminal Court (ICC). As of now, former Executive Secretary Salvador Medialdea is the sole legal representative recognized by the ICC.
Medialdea, who began his legal career at ACCRA Law Offices and later became a managing partner at Medialdea Ata Bello Guevarra Suarez Law Firm (MABGS), has a longstanding professional relationship with Duterte, with MABGS having represented him in the past.
To strengthen Duterte’s defense, former presidential spokesperson Harry Roque has engaged in discussions with British-Israeli lawyer Nicholas Kaufman, considering him as a potential addition to the legal team. Roque, an ICC-accredited lawyer and former law professor at the University of the Philippines, has a background in international law and human rights cases.
The defense team plans to seek the dismissal of the charges before the next scheduled hearing on September 23, 2025. This hearing will serve as a confirmation of charges, where the ICC will assess whether sufficient evidence exists to proceed to trial.
Duterte’s arrest on March 11, 2025, marked a significant development, as he became the first former Asian head of state to be detained by the ICC. He faces allegations of crimes against humanity, including murder, related to his administration’s anti-drug campaign between 2016 and 2022. Despite the Philippines’ withdrawal from the ICC in 2019, the court maintains jurisdiction over crimes committed while the country was a member.
Following his arrest, Duterte was transferred to the ICC’s detention center in Scheveningen, The Hague. The facility is known for its humane conditions, offering detainees access to educational and recreational activities.
On March 14, 2025, Duterte made his initial appearance before the ICC via video link from the detention center. The court verified his identity and ensured he was informed of the charges and his rights under the Rome Statute.
In a show of familial support, Vice President Sara Duterte visited her father at the detention center. During the one-hour meeting, the former president appeared well-rested and mentioned missing Filipino cuisine. He also advised his daughter to return to the Philippines promptly.
The formation of a robust legal team is crucial for Duterte’s defense strategy. The ICC requires that legal representatives be accredited, and currently, only five Filipino lawyers hold such accreditation. This underscores the importance of international collaboration in assembling a defense team capable of navigating the complexities of international law.
As the September 23 confirmation of charges hearing approaches, Duterte’s legal team is expected to intensify its efforts to challenge the admissibility of the case and the ICC’s jurisdiction. The outcome of this hearing will determine whether the case proceeds to trial, a development that could have significant implications for international justice and the accountability of former heads of state.
The international community continues to monitor the proceedings closely, as they represent a landmark moment in the enforcement of international human rights standards. The case against Duterte serves as a reminder of the ICC’s mandate to prosecute individuals accused of the gravest offenses, ensuring that justice transcends national boundaries.