Du30 defense wants 3 PH lawyers out of ICC case
Just two weeks after the appointment of Joel Butuyan and Gilbert Andres as lawyers representing the drug war victims in the International Criminal Court (ICC), the defense counsel of former President Rodrigo Duterte is seeking their removal from the case.
In an 11-page document released on Thursday, Nicholas Kaufman also called for the disqualification of a third Filipino lawyer, Nicole Arcaina, who was recently designated by the ICC as case manager for the victims.
Arcaina earlier worked for CenterLaw, where Butuyan is a managing partner and Andres a senior partner, from 2019 to 2023. She later became executive director of the Ateneo Human Rights Center.
The defense team asked the ICC’s Pre-Trial Chamber (PTC) I to revoke the designations of the three Filipino lawyers due to “conflict of interest” and for posing an “impediment to representation.”
The defense argued that Arcaina’s role as case manager for the victims and another role that was redacted in the defense filing are “structurally incompatible,” since such a team of common legal representatives may get hold of pieces of evidence, including those that could exonerate Duterte, outside the disclosure scheme.
“The practical effect of [redacted] is that [redacted] may access and retain potentially exculpatory evidence or information material to the [defense] outside the disclosure regime … This clearly undermines the fairness of the proceedings,” it argued.
Access to records
The defense also contended that Butuyan and Andres knew of Arcaina’s undisclosed role at the time they were “processing her appointment to their team.”
“The [common legal representatives of victims] do not appear to have informed the [PTC] of the pertinent facts set out in this filing. Nor have they taken any steps to terminate Nicolene Arcaina’s appointment, given that they should have been aware of [redacted],” it said. “This goes beyond passive omission.”
Duterte’s lawyers also asked the chamber to immediately deny the three lawyers access to case records while the request for their disqualification is pending.
Should they be disqualified, the defense said, a counsel from the Office of Public Counsel for the Victims (OPCV) may “adequately represent” the interests of the victims to avoid further delays in Duterte’s confirmation of charges hearing set later this month.
The OPCV, which served as the legal representative of the victims prior to the appointment of Butuyan and Andres, has functions similar to that of the Public Attorney’s Office in the Philippines.
Both veteran human rights lawyers, Butuyan and Andres are among the only five Filipino counsels accredited to practice at The Hague-based ICC. The two have been building a support team since being named common legal representatives of the victims last month.
More victims want in
Meanwhile, the PTC I is also reviewing the application of 500 more individuals seeking participation in the crimes against humanity case against Duterte.
According to a four-page document dated Feb. 9, the ICC Registry, which provides judicial support to the ICC, submitted to the chamber an additional 227 applications comprising 500 individuals who wish to be recognized in the case as victims.
The applications cited the irreparable harm they suffered during the bloody antidrug campaign waged by Duterte, first as Davao City mayor and later as President.
Last month, the PTC I authorized the participation of 39 victims who came from the initial batch of 304 applications.
But lawyer Kristina Conti clarified to the Inquirer on Thursday that the latest applications under review might not make it in time for the confirmation of charges hearing, which may cover only the initial group of 39 qualified victims.
At the pretrial stage, the victims will not have an active role in the proceedings or be called upon as witnesses, according to lawyers familiar with ICC procedures.
The victims are formally regarded as “participants” in the case.
Confirmation of charges
Duterte is charged with three counts of murder as a crime against humanity for being an alleged indirect coperpetrator in a scheme that allegedly rewarded the killings.
Butuyan and Andres will represent the victims in the four-day confirmation of charges hearing set to begin on Feb. 23, where Duterte is expected to be present and both the defense and the prosecution will have an opportunity to present their arguments.
The hearing will determine whether there is sufficient basis to believe that Duterte may have committed the crimes alleged, and if the case will proceed to trial.
The PTC I has also granted the request of Duterte’s team to add 78 items to the list of evidence that it would cite during the hearing.
The new set of evidence came from the more than 1,200 items disclosed by the prosecution to the defense from Sept. 11, 2025, to Jan. 29, the defense team said.
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