The International Criminal Court's pre-trial chamber has rejected former president Rodrigo Duterte's legal team's request to disqualify Filipino lawyers representing extrajudicial killing victims. The decision was issued on Friday ahead of the confirmation of charges hearing starting Monday. Duterte will not attend the proceedings.
On Friday, February 20, 2026, the ICC's Pre-Trial Chamber I issued a decision rejecting Nicholas Kaufman's request, as Duterte's lead counsel, to disqualify Joel Butuyan and Gilbert Andres, ICC-accredited common legal representatives for victims (CLRVs), along with their case manager Nicolene Arcaina.
The nine-page decision stated that the defense failed to substantiate its arguments on 'impediment to representation' and conflict of interest. The chamber noted it is not their role to clarify the defense's incoherent submissions, and that the code of conduct applies only to counsel and associates, not case managers like Arcaina. The impediment relates to Arcaina, executive director of the Ateneo Human Rights Center and former member of CenterLaw, which represented drug war victims in the Philippines.
Butuyan and Andres responded that there are no impediments and that they are 'familiar with the context of the alleged crimes.' Kaufman filed a request for leave to appeal the decision but did not oppose their appearance next week.
Kaufman also requested more public information on charges and witnesses, but this was denied to protect the proceedings' integrity and the safety of those involved.
The confirmation of charges hearing will run from February 23 to 27 in The Hague, Netherlands, without Duterte's attendance. ICC spokesperson Oriane Maillet described it as a 'critical moment' where evidence will be presented for judges to decide on proceeding to trial.
“I’m not entitled to divulge to you the nature of the impediment to representation because of various legal matters,” Kaufman said in an interview.
