The prosecution team at the International Criminal Court (ICC), led by Deputy Prosecutor Mame Mandiaye Niang, has formally asked the court’s Pre-Trial Chamber to clarify the role of six Filipino lawyers linked to the defense of former Philippine president Rodrigo Duterte.
In a recent filing, prosecutors requested that the chamber require Duterte’s legal team to confirm whether the six lawyers—Salvador Medialdea, Salvador Panelo, Martin Delgra, Silvestre Bello, Alfredo Lim, and Cesar Dulay—are officially part of the defense team or not. The prosecution wants a clear record stating that the lawyers are not members of the official defense if that is indeed the case.
According to the prosecution, the clarification is necessary because only officially recognized defense counsel are permitted to access confidential case materials or participate in privileged meetings with the accused. Prosecutors emphasized that allowing unauthorized individuals access to such sensitive information could compromise the integrity of the proceedings.
The issue arose after Duterte’s lead counsel publicly introduced the six lawyers as part of the defense team during the confirmation of charges hearing held in February. However, prosecutors claim that they were later informed that the same lawyers were not formally listed as members of the defense before the court.
This apparent contradiction prompted the prosecution to seek a judicial review from the Pre-Trial Chamber. In its request, the prosecution argued that the uncertainty surrounding the lawyers’ status could pose risks to the protection of victims and witnesses involved in the case.
Confidential filings and privileged communications in ICC cases often contain sensitive details, including personal information about witnesses and evidence gathered during investigations. Prosecutors warned that unclear roles within the defense team could potentially expose such information to individuals who are not authorized to receive it.
By asking the court to clarify the matter, the prosecution aims to ensure that procedural rules governing defense participation are strictly followed. The request also seeks to establish a transparent record regarding who is officially permitted to act on behalf of Duterte in the ongoing proceedings.
The Pre-Trial Chamber is now expected to review the prosecution’s request and determine whether Duterte’s legal team must formally clarify the status of the six Filipino lawyers.
Legal observers say the court’s decision could help reinforce procedural safeguards while maintaining fairness in the high-profile case, which continues to draw international attention.