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Janvic Mateo - The Philippine Star
February 22, 2026 | 12:00am
Father Flavie Villanueva joins hands with relatives of extrajudicial killings of former Philippine president Rodrigo Duterte’s drug war during inurnment rites at the ‘Dambana ng Paghilom’ in Caloocan on February 20, 2026.
AFP
MANILA, Philippines — Pre-trial judges of the International Criminal Court (ICC) have rejected the request of former president Rodrigo Duterte’s lead counsel Nicholas Kaufman to disqualify the Filipino lawyers appointed as external legal representatives of extrajudicial killing victims in the proceedings.
In a nine-page decision released on Friday night (Manila time), the ICC Pre-Trial Chamber I said Kaufman failed to substantiate his request for the disqualification of lawyers Joel Butuyan and Gilbert Andres, as well as their appointed case manager Nicolene Arcaina.
“At the outset, the Chamber notes that it is incumbent on the Defense to properly and clearly present and articulate its arguments, and that it is not the Chamber’s role to render such arguments understandable by piecing together multiple parts of the Defense’s submissions or to surmise, approximate or identify the legal basis for any contention or relief sought,” the decision read.
“The request argues the existence of a conflict of interest without pointing to any clear legal basis…. the relief sought by the Defense is affected by incoherences,” it added.
The court noted that Kaufman sought the disqualification of Butuyan, Andres and Arcaina, but then concluded his request with a plea to revoke the appointment of common legal representatives for the victims (CLRV).
Only Butuyan and Andres, both ICC-accredited counsels, were appointed as CLRVs. They then selected Arcaina, executive director of the Ateneo Human Rights Center, as their case manager.
Kaufman, in his request, argued that the lawyers must be disqualified on the grounds of an “impediment to representation” and on the basis of “conflict of interest.”
Citing the Code of Professional Conduct for ICC counsels, Duterte’s lawyer noted a supposed conflict as the prosecution and the legal representatives for victims “operate under distinct mandates and obligations.”
Butuyan and Andres, in their response, said the defense is “grasping at straws.”
They said the selection of Arcaina as their case manager cannot be used as basis for their disqualification as the code’s provisions do not apply to her.
The judges agreed, saying that the code specifically applies to counsel and associate of counsel, and not members of the team who do not represent a person before the court.
Confirmation of charges
Meanwhile, preparations are underway at The Hague ahead of Duterte’s confirmation of charges hearing next week.
In an interview with NewsWatch Plus, ICC spokesperson Oriane Maillet described next week’s proceedings as a “critical moment” as it is the first time that evidence will be presented by the parties before the judges.
She clarified, however, that the confirmation of charges is not a “trial” as it is still part of pre-trial proceedings.
“This is the first step for the judges to decide whether or not we are going to trial,” she said.
