NEWS

Duterte asks ICC to revoke victims’ lawyers, cites conflict of interest

Lade Jean Kabagani

Former President Rodrigo Duterte has asked the International Criminal Court’s (ICC) Pre-Trial Chamber I to revoke the appointment of three lawyers representing victims in the court’s investigation into his administration’s anti-drug campaign.

In an 11-page filing dated on 11 February 2026, Duterte’s defense team requested that the ICC Registry withdraw the appointments of lawyers Joel Butuyan, Gilbert Andres and Nicolene Arcaina as common legal representatives of victims.

The defense also asked the chamber to suspend the three lawyers’ access to case records while the motion is pending.

The defense argued that the lawyers should be disqualified due to what it described as an impediment to representation and a conflict of interest.

According to the filing, Butuyan and Andres have a professional relationship with Arcaina through their work with CenterLaw Philippines.

The defense said this connection meant they were or should have been aware of circumstances involving Arcaina that were partially redacted in the document.

“To compound matters, the Prosecution has since confirmed that both Joel Butuyan and Gilbert Andres had been given access to [REDACTED] prior to 30 January 2026, when Counsel wrote his email to them,” the pleading stated.

“As such, both Joel Butuyan and Gilbert Andres should have known that Nicolene Arcaina was [REDACTED] at the same time that they were processing her appointment to their team,” it added.

The defense further argued that Arcaina’s role as a victims’ case manager and another undisclosed function are “structurally incompatible,” raising concerns about divided responsibilities.

The filing said victims’ counsel serve as partisan representatives for their clients, unlike prosecutors, who have broader disclosure and truth-seeking obligations.

Duterte’s legal team had previously opposed the appointment of Butuyan and Andres as victims’ representatives. The ICC Registry earlier notified Pre-Trial Chamber I of the lawyers’ designation.

The chamber has set the start of the confirmation of charges hearing for 23 February 2026.

ICC prosecutors have accused Duterte of 49 counts of murder and attempted murder linked to the anti-narcotics campaign during his term as president and earlier as Davao City mayor, while noting that the overall number of victims may be higher.

Government records show about 6,200 people were killed in police anti-drug operations during his administration. Human rights groups estimate the death toll could reach 30,000, including unreported or vigilante-style killings.