(UPDATE) LAWYERS representing victims in the crimes against humanity case against Rodrigo Duterte have asked the International Criminal Court (ICC) to reject another attempt by the former president’s defense team to bar them from the proceedings, accusing them of dilatory tactics.
In a response filed on March 13, 2026 before ICC Pre-Trial Chamber I, victims’ lawyers Joel Butuyan and Gilbert Andres urged the chamber to deny the defense’s application for leave to appeal its earlier decision rejecting a bid to disqualify them as external common legal representatives for victims.
The lawyers argued that the defense filing failed to meet the strict requirements for an interlocutory appeal under Rome Statute Article 82(1)(d), which allows appeals only when a ruling involves a clear legal issue that could significantly affect the fairness or outcome of proceedings.
“The bulk of the defense’s arguments focus on its disagreements with the submissions of Mr. Butuyan and Mr. Andres,” the filing said. “Given this stark lack of reference to the actual, relevant parts of the impugned decision, the defense merely expresses its disagreement with the outcome of the Chamber’s deliberation.”
The dispute traces back to a motion filed by Duterte’s defense team on Feb. 11, seeking the disqualification of Butuyan and Andres after the ICC Registry appointed them as external lawyers representing victims in the case.
On Feb. 20, the Pre-Trial Chamber rejected that request, ruling that the defense had failed to establish a sufficient legal basis for removing the two lawyers. Just hours later, Duterte’s lead counsel, Nicholas Kaufman, filed an application asking the chamber to certify the issue for appeal before the Appeals Chamber.
The defense’s challenge centers on Nicolene Arcaina, who serves as case manager for the victims’ legal team.
According to the defense filing, Arcaina previously worked at CenterLaw, the law firm where Butuyan and Andres are partners, raising what the defense described as a potential conflict of interest.