The International Criminal Court (ICC) Office of the Prosecutor has asked the court’s Pre-Trial Chamber to require the defense of former president Rodrigo Duterte to clarify the role of six Filipino lawyers in his crimes against humanity case.

ICC Deputy Prosecutor Mame Mandiaye Niang said the prosecution needs to determine whether lawyers Salvador Medialdea, Salvador Panelo, Martin Delgra III, Silvestre Bello III, Alfredo Lim Jr., and Caesar Dulay are formally part of Duterte’s defense team.

Niang said establishing their status is necessary as part of the prosecution’s responsibility to ensure the safety and well-being of victims and witnesses involved in the case.

“This includes knowing which individuals work for Mr. Duterte’s defence team, as these individuals have access to highly sensitive confidential information, including regarding prosecution witnesses and victims,” Niang said.

According to the prosecutor, Duterte’s lead counsel, Nicholas Kaufman earlier informed the prosecution on 23 February that the six Filipino lawyers were not members of the defense team.

However, Niang said this representation appeared inconsistent with Kaufman’s public statements that the Filipino lawyers had been assisting the defense.

He noted that during the confirmation of charges hearing, Kaufman said his team was “ably assisted and supported by” the six lawyers. In a separate media interview, Kaufman also said that Delgra and Medialdea had been working with the defense team.

Niang also cited statements from Panelo indicating that the defense counsel planned to meet with the Filipino legal team to discuss the confirmation hearing and possible legal strategies.

The prosecution said such remarks create the impression that the six lawyers are part of Duterte’s legal team before the ICC.

Niang said he had sought clarification from the defense in a February 25 email, but the request was declined.

Because of this, the prosecution asked the court to order the defense to confirm on record that the six lawyers are not members of Duterte’s defense team, that they have not received and will not receive confidential case materials or access to non-public filings, and that they are not entitled to legally privileged meetings or communications with Duterte at the detention facility.

Earlier, Duterte’s family said the Filipino lawyers would attend the confirmation of charges hearing to ensure that the former president is represented by a Filipino legal team during the proceedings before the ICC.