International Criminal Court (ICC) prosecutors have petitioned the tribunal to compel former president Rodrigo Duterte’s lead counsel, Nicholas Kaufman, to confirm that the team of six Filipino lawyers, whom he had introduced as members of the defense team, are not officially part of their legal team.

Deputy Prosecutor Mame Mandiaye Niang was referring to Duterte’s former Cabinet members and appointees, namely, former executive secretary Salvador Medialdea, presidential spokesperson Salvador Panelo, labor secretary Silvestre Bello III, Land Transportation Franchising and Regulatory Board chairperson Martin Delgra III, Bureau of Internal Revenue chief Cesar Dulay, and Philippine Amusement and Gaming Corp. president Alfredo Cereza Lim.

In a submission dated 6 March, Niang told the court that Kaufman assured the prosecution team that the six lawyers were not part of the defense.

This was supposedly made clear on 23 February, the first day of Duterte’s confirmation of charges hearing in The Hague, where the six lawyers were present in the court gallery and were mentioned by Kaufman in his opening speech.

Niang, however, argued that this was in stark contrast to Kaufman’s statements to the press covering the pre-trial hearing where he explicitly said that Medialdea and Delgra have been “working with [us] all along.”