Two things I remember of Salvador Panelo in the Confirmation of Charges hearings on the Rodrigo Duterte case at the International Criminal Court.
On the first day Feb. 23, he arrived at the public gallery in a colorful get-up, a suit that had multiple eclectic patches on it (Gucci? Prada? Dolce & Gabbana? I would not know).
On the second day Feb. 24, he arrived in a rust colored suit. A friend who was writing for the New York Times greeted him during the break: “Hi sir, what beautiful attire you have today.” I was told that was the standard way of greeting Salvador Panelo: praise his sartorial preference of fashion, no matter if it was atrocious. Perhaps my friend was right, because Panelo replied back: “I’m wearing a Dior.”
The second thing I remember was of Panelo dozing off during the hearings. He was seated next to the aging and infirm Salvador Medialdea who was on his right. Panelo’s head was tilted to the left, almost touching the seat on his left. ICC is keen on preventing any disturbance in the public gallery. Within clear sight of us, an ICC security personnel approached the dozing Panelo to wake him up from dreamland.
Over at the break when everyone huddles at the lobby or at the driveway outside, Panelo was asked by the media why he dozed off. I heard his reply: “It was boring. This court must address the principal problem: it has no jurisdiction over Duterte.”
How will the ICC assess the application for counsel of a show-off peacock and a big-headed windbag like Salvador Panelo who wants to be part of Duterte’s defense team?
The process may appear minimal on the surface, but the Candidate Application Form List of Counsel (downloadable) is not just a simple fill-in-the-blanks affair. It actually contains two questions that make the application process open to assessment.
One, it asks: “Do you have any connection whatsoever with a person seeking legal assistance from the Court? If yes, provide details.”
The ICC knows Panelo’s political ties with Duterte. Can he be trusted as an objective defense lawyer? And an obvious question: can he lawyer precisely for this case, the principal of which he once had a pecuniary relationship with as subordinate?
Two: “How would you describe your knowledge of international law and procedure? Excellent, Good, Quite good, Basic.”
This question is the most fundamental one in the application process. In the Guide for Applicants, this competence criteria is primary: Candidates shall have proven competence and expertise in international or criminal law and procedure.
Translated to experience, the ICC clarifies: a minimum of ten years of relevant experience in criminal proceedings as a judge, prosecutor, advocate or in other similar capacity.
Does Panelo have expertise in international law? Take note: this is the same law that he denigrates as having no jurisdiction on Duterte. An accredited counsel I had spoken to opined that the ICC may consider Panelo’s insistence on non-jurisdiction as a legal opinion he is entitled to, and not necessarily taken against him as a lack of knowledge of international law.
Another accredited counsel cited Rule 22 of the Rules of Procedure and Evidence with its heavy emphasis on “established competence in international or criminal law and procedure.”
When has Panelo gained experience as international law counsel?
Under experience, will Panelo make the cut of having ten years of intervening in criminal proceedings under international law? This is a data that he cannot defend using braggadocio, not to mention fakery, for which the Duterte regime was known for.
Somebody opined that Panelo will not qualify on the basis of age. But a check with the ICC confirms neither minimum nor maximum age requirements. However, an age preference is provided. If he can’t be admitted as counsel, he may wish to apply as Assistant to Counsel. This is where he will fail the age preference:
Lawyers at an early stage of their career, as well as professors of law with relevant expertise, can apply for admission to the List of Assistants to counsel.
Once accepted as ICC counsel – we hope not – Panelo can then use the ICC courtroom as his fashion ramp. Today Balenciaga, tomorrow Valentino, under his judicial robe. Europe’s vintage clothing stores have ample stocks at firesale prices.
The views in this column are those of the author and do not necessarily reflect the views of VERA Files.
