ICC designates Butuyan, Andres as lawyers for drug war victims
Two Filipino lawyers will be representing some 30 drug war victims when former President Rodrigo Duterte faces the International Criminal Court (ICC) next month for the confirmation hearing of his murder charges.
The Pre-Trial Chamber (PTC) I, in a decision on Jan. 26, directed the ICC Registry, the court’s administrative arm, to designate human rights lawyers Joel Butuyan and Gilbert Andres to be the common legal representatives for all the victims that the court officially recognizes to participate in the case.
Their new role, which took effect upon the issuance of the ruling, is in line with the Rome Statute and the ICC’s Rules of Procedure and Evidence guaranteeing the victims’ right to express their views and concerns through their counsels at an international tribunal with legal proceedings unique to domestic courts.
Butuyan and Andres, two of only five counsels registered in the ICC, have been assisting the victims and their families in filing cases and seeking legal remedies against those behind the so-called war on drugs waged by Duterte.
Butuyan, who is also an Inquirer columnist, is a managing partner and cofounder of Butuyan & Rayel Law Offices and chair of nonprofit organization CenterLaw Philippines. Andres is also a partner at the law firm and serves as executive director of CenterLaw.
Familiarity with cases
“The Chamber further observes that Mr. Butuyan and Mr. Andres’ competence, nationality, familiarity with the context of the commission of the alleged crimes, understanding of the victims’ situation and ability to meet with them in person in a language that they understand, represent some of the key qualities that applicant victims expect from their representatives,” it said in the 15-page ruling.
The court also confirmed their eligibility as they have no record of “inappropriate conduct” and do not have any conflict of interest in the case.
The document containing the decision on victims’ participation and legal representation was released on the same day the PTC ruled that Duterte is “able to exercise his procedural rights and is therefore fit to take part in the pretrial proceedings.”
The former president’s lead counsel, Nicholas Kaufman, said they will challenge the ruling, accusing the court of denying the ex-chief executive due process by not allowing his lawyers to submit evidence or contest its medical assessment.
Kaufman made the pronouncement shortly after the Chamber, in a 25-page ruling, rejected the defense’s request for an indefinite adjournment of the proceedings over Duterte’s alleged cognitive impairment.
The Chamber also scheduled the start of the confirmation of charges hearing against Duterte on Feb. 23, 2026.
“The defense is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” Kaufman said in a statement.
“The defense will seek leave to appeal this decision and argue that Mr. Duterte was denied due process,” he added.
Support for victims
Andres on Tuesday expressed gratitude and said he was looking forward to his appointment, which he considers as a “solemn duty and sacred trust.”
“I am also very grateful for the trust reposed upon me and our whole team by the different victims’ groups and human rights (nongovernment organizations) working tirelessly to support the victims of the ‘war on drugs’ in order to pursue their rights to justice and to the truth under international law,” he told the Inquirer in a text message.
As Filipino lawyers in the case, Andres said they will be able to explain the ICC and its distinctive proceedings in a language familiar to the victims.
The two seasoned lawyers will bring the sentiments of at least 29 individuals, who were officially admitted as victims to the confirmation of charges hearings next month.
Duterte is charged with three counts of murder as a crime against humanity, representing 78 individuals killed in 49 incidents in the antinarcotics crackdown during his time as mayor in Davao City and as president of the Philippines.
He is detained at the ICC prison facility in The Hague, the Netherlands, while the pretrial stage in the case moves forward.
Rejected applications
Of the 304 victims’ applications assessed by the PTC I for the case, 35 applications categorized into three groups were submitted last year: 15 under Group A, 10 under Group B, and another 10 applications under Group C.
The 15 applications under Group A were introduced on behalf of 29 individuals, the court noted.
The chamber, however, authorized only the 29 individuals under Group A and an unspecified number of applicants under Group C, according to the same document released on Monday.
It described the Group B applications “as clearly falling outside the temporal and/or material scope of the Duterte case.”
Among the Group C applications, those identified with alleged murders or attempted murders that occurred outside of Davao City during the mayoral term of Duterte and not covered by the prosecution’s document containing charges were rejected for having insufficient link to the case.
The “victims” in Duterte’s case cover those who were “indirectly” affected by his drug war, namely family members or relatives who suffered harm as a result of the crimes committed.
The PTC also rejected a request from the Office of Public Counsel for the Victims for the reopening of the application for additional victims, saying that they may be admitted in the later stage of the proceedings so as not to further delay the hearings and affect the rights of the suspect and the victims.
The Philippine government also said it will not intervene in the ICC proceedings.
At a briefing on Tuesday, Palace press officer Claire Castro emphasized that President Marcos and his administration are hands-off regarding the processes conducted by the international court. —WITH REPORTS FROM ZACARIAN SARAO AND LUISA CABATO
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