Who are the five Filipino ICC-accredited lawyers who can represent Rodrigo Duterte in court?
Amid former president Rodrigo Duterte's legal battle with the International Criminal Court, there are questions on who will represent him during the trial for his alleged crimes against humanity.
According to Kristina Conti, assistant to counsel at the ICC, the controversial ex-leader cannot be represented by just any lawyer as they have to be accredited by the criminal court itself. Atty. Joel Butuyan, who is one of the five Filipino ICC-accredited lawyers, added that Duterte has the option to represent himself before the court.
"Non-accredited accredited counsels cannot face the ICC. Former president Duterte can represent himself, that’s his option if he does not want to get lawyers from the list of accredited counsels. But he can be advised by a lawyer like Atty. (Salvador) Medialdea, but he cannot appear himself in the ICC proceedings," Butuyan said in an interview with DZBB.
Butuyan noted that among the 400 lawyers approved by the ICC worldwide, no Filipino lawyer has yet to face the ICC.
"We have a judge, Raul Pangalangan (who served as judge in the ICC). But in the entire world, there were only a few (lawyers) who handled ICC cases, but we are obliged to attend annual training. I just attended one last January, there was also one. When it comes to procedures, these are almost the same with us (in the Philippines)," he detailed.
A quick look at the ICC's list of their accredited lawyers shows that there are only five Filipinos who are qualified for the task. Here's what you need to know about them:
Harry Roque
Perhaps the most well-known face among the group is Harry Roque, who once served as Duterte's presidential spokesperson.
A graduate of law from the University of the Philippines (UP) Diliman, Roque started what would eventually be a prolific legal career when he founded the advocacy group Center for International Law and represented victims from high-profile cases together with his team.
Among these are the 2009 Ampatuan massacre, the Malaya Lolas who have been victimized by the Japanese Imperial Army, the case of the killed transgender Jennifer Laude, and the case of the assasinated environmental advocate Gerry Ortega.
After resigning as a member of his advocacy group, Roque went on to enter politics, becoming a congressman in the 17th Congress. He was eventually appointed by Duterte to become his spokesperson from 2017 to 2018 and from 2020 to 2021.
He ultimately resigned from the position when he vied to become a senator in the 2022 Senate election but lost after he finished at 17th in a race to fill 12 seats.
Roque is entangled in legal proceedings concerning his supposed link to the now-banned Philippine Offshore Gaming Operations hub, Lucky South 99 Corp. Investigations revealed that he was a legal counsel for Whirlwind Corp., a real estate firm that leased land to Lucky South 99.
He has since denied the "baseless accusations" made against him by law enforcement agencies.
Roque is currently in The Hague, Netherlands, with Vice President Sara Duterte and Senator Robin Padilla, as Duterte appears before the ICC on March 14.
Gilbert Andres
Gilbert Andres serves as the Executive Director of Roque's Center for International Law organization, which strives to fight against human rights violations and freedom of expression issues.
Like the former spokesperson, Andres is also a graduate of law at UP Diliman and used his skills to serve as a private prosecutor in the Maguindanao Massacre case.
He has since become a co-counsel in at least seven public-interest cases before the Supreme Court.
During his free time, he would busy himself doing trainings, talks, lectures, and papers in countries such as Japan, India, Hong Kong, Germany, Taiwan, Sri Lanka, Thailand, Myanmar, Cambodia, Indonesia, and the Philippines.
His other accomplishments include publishing works on freedom of speech, investigations and prosecution of extrajudicial killings, international humanitarian law and human rights law, election law, and theoretical physics.
According to his profile at Butuyan & Rayel Law Offices, of which he is a senior partner, Andres specializes in Criminal Law, Corporate Law, Civil Law, Property Law, Contract Law, International Human Rights Law, International Humanitarian Law, Public International Law, Private International Law, Media Law, Constitutional Law, and Internet Freedom.
Joel Butuyan
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Joel Butuyan is also a member of the Center for International Law, serving as its president.
After obtaining law and economics degrees at UP and a master of laws at the College of William and Mary in the US, Butuyan thrived in the fields of criminal, civil and commercial litigation, international arbitration, and more.
Some of the notable cases he handled include former police chief Vicente Danao's involvement in the unsolved killings in Davao City and the deaths of five tokhang victims who were shot dead during a police operation in Quezon City.
He also lent his expertise for the Ampatuan Massacre trial and the case between the Boracay Foundation and the Department of Environment and Natural Resources for a contested 40-hectare reclamation project.
He also co-founded the Butuyan & Rayel Law Offices, which specializes in criminal, commercial, and civil litigation and represents clients in family law and domestic relations cases, as well as intra-corporate, administrative, election, and labor cases
Butuyan specifically excels in Criminal, Civil, or Commercial Litigation, Estate Planning and Administration, Banking and Foreign Investment, Intellectual Property, Election Law, Family Law and Domestic Relations, Human Rights, Energy Law, Environmental Law, and Corporate Law.
Charles Janzen Chua
After attending prestigious schools such as Ateneo de Manila and the Hague Academy of International Law, Charles Janzen Chua started a 20-year legal career.
Apart from being accredited at the ICC, Chua is also eligible to practice before the Kosovo Specialist Chambers as a counsel for both the accused and the victims. The KSC was established to handle cases of crimes against humanity, war crimes, and other crimes under Kosovo law.
He is also a defense counsel of the United Nations International Residual Mechanism for Criminal Tribunals, which is a subsidiary body of the UN Security Council mandated to perform a number of essential functions previously carried out by the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia.
Additionally, Chua is a member of the Integrated Bar of the Philippines, the International Criminal Court Bar Association, and the Association of Defense Counsel practicing before the International Courts and Tribunals.
Nashmyleen Marohomsalic
Nashmyleen Marohomsalic is a Muslim lawyer hailing from the province of Lanao del Sur.
She considers herself a proud member of the Integrated Bar of the Philippines – Lanao del Sur Chapter.
Marohomsalic is notable for being both the first Filipina and the first Bangsamoro to be among the elite list of accredited counsel before the ICC.
While there is not much information about her online, her LinkedIn profile cites her as having graduated with a philosophy degree at UP and achieved a doctor of law at the Ateneo de Manila University.
Duterte's arrest
Duterte was arrested on March 11 and was brought to the Villamor Air Base upon arriving at the Ninoy Aquino International Airport from Hong Kong.
As stated in the warrant obtained by The Philippine STAR, he was arrested for murder, torture, and rape—which are part of the 15 forms of crimes against humanity under the Rome Statute—in connection with his administration's bloody war on drugs called Oplan Tokhang that saw the execution of thousands of suspected drug peddlers, users, and small-time criminals.
Duterte could be the first Asian former head of state to be indicted by the ICC.
He is set to make his first appearance before the ICC on March 14. Following this, a confirmation of charges hearing will follow, during which the judges will decide whether the prosecution has presented enough evidence for the case to go to trial.
If the charges are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered. (with reports from Bella Cariaso)
