International Criminal Court (ICC) prosecutors have petitioned the tribunal to compel former president Rodrigo Duterte’s lead counsel, Nicholas Kaufman, to formally confirm that a team of six Filipino lawyers he allegedly introduced as members of the defense are not officially part of their legal team.
Deputy Prosecutor Mame Mandiaye Niang referred to Duterte’s former Cabinet members and appointees, namely executive secretary Salvador Medialdea, presidential spokesperson Salvador Panelo, Labor secretary Silvestre Bello III, Land Transportation Franchising and Regulatory Board chair Martin Delgra III, Bureau of Internal Revenue chief Cesar Dulay, and PAGCOR president Alfredo Cereza Lim.
In a submission dated 06 March 2026, Niang told the court that Kaufman assured the prosecution that the six lawyers do not form part of the defense team. This was allegedly made clear on 23 February, the first day of Duterte’s confirmation of charges hearing in The Hague, where the lawyers were present in the court’s gallery and mentioned by Kaufman during his opening speech.
However, Niang argued that this contrasts with Kaufman’s subsequent statements to the press covering the pre-trial hearing in The Hague, where he said that Medialdea and Delgra had been “working with [us] all along.”
The prosecutor also cited a report in which Panelo said Kaufman planned to meet with his “Filipino legal team” to discuss strategies for the pre-trial hearing.
“These statements have created the impression that the six lawyers are members of Mr. Duterte’s defence team before the International Criminal Court,” Niang said.
“The prosecution therefore requires clarification on whether these individuals are in fact members of Mr. Duterte’s defense team in order to conduct thorough risk assessments to potentially oppose their appointment,” the submission added.
Prosecutors asked the Pre-Trial Chamber I to compel the defense to state in a filing that the six lawyers have not received, nor will receive, confidential materials in the case or privileged access to Duterte in detention.
Duterte was arrested on 11 March 2026 on an ICC warrant for alleged crimes against humanity linked to his anti-drug campaign.
Medialdea and Delgra were present during the commotion and the 12-hour standoff between police and Duterte’s camp during the enforcement of the warrant at Villamor Air Base.
Medialdea was briefly arrested and handcuffed by then Philippine National Police-Criminal Investigation and Detection Group Director Maj. Gen. Nicholas Torre III for alleged obstruction of justice while attempting to stop the warrant’s execution.
Duterte was accompanied by Medialdea to The Hague, the ICC’s headquarters, as part of his legal team. Medialdea later withdrew from the official defense to allow lawyers with ICC experience, including Kaufman, to take over.
Duterte faces three counts of murder as crimes against humanity over killings recorded between 01 November 2011 and 16 March 2019, covering his tenure as Davao City mayor and as president.
He will remain in ICC detention following the rejection of his plea for temporary release by the Appeals Chamber, which upheld a previous ruling by the Pre-Trial Chamber I.
His pre-trial hearing concluded on 27 February 2026. The chamber is expected to decide within 60 days whether the prosecution’s evidence is sufficient for a full trial, likely in late April.
The defense has repeatedly sought Duterte’s release, arguing that the ICC no longer has jurisdiction after the Philippines withdrew from the Rome Statute in March 2019.
Under ICC rules, a one-year window prevents a state from immediately leaving the treaty once it learns it may be under investigation for grave crimes, including crimes against humanity.
The ICC maintains it retains jurisdiction over alleged killings committed before the country’s withdrawal, noting that the preliminary examination began before the Philippines left the treaty.
Kaufman has said he believes the court will rule in their favor, arguing that the prosecution relied heavily on insider testimonies that he claims are largely uncorroborated and motivated by personal interests.