The International Criminal Court has cleared a group of victims linked to the Philippines’ anti-drug campaign to take part in pre-trial proceedings against former president Rodrigo Duterte, while consolidating their participation under a single legal team.
According to a ruling issued on January 26 by Pre-Trial Chamber I, individuals whose alleged harm falls within the prosecution’s charges may engage in the upcoming confirmation of charges hearings, which are set to start on February 23, 2026. ABS-CBN News reported that the decision also established a framework to streamline victim representation as the case advances.
Judges reviewed 304 applications filed through the ICC Registry and sorted them into three categories after assessing whether the claims met the court’s criteria. From this pool, 29 applicants were approved outright under “Group A,” while additional applicants under “Group C” were likewise allowed to participate after the Chamber found a sufficient connection between their alleged harm and the crimes attributed to Duterte.
Another set of applications, classified as “Group B,” was denied. The Chamber found that these claims did not fall within the time period or subject matter covered by the case. However, the judges underscored that these denials were not final, noting that rejected applicants may seek reconsideration later if the scope of the proceedings changes following the confirmation of charges.
The case centers on alleged acts of murder and attempted murder tied to the so-called Davao Death Squad and to the nationwide anti-drug campaign carried out during Duterte’s presidency, covering incidents from November 1, 2011 to March 16, 2019.
To handle the approved applications collectively, the Chamber ordered a system of common legal representation. The Registry was directed to appoint Filipino lawyers Atty. Joel Butuyan and Atty. Gilbert Andres—both accredited by the ICC—alongside a member of the Office of Public Counsel for Victims, to act on behalf of all admitted victims.
Defense objections questioning the impartiality and suitability of the appointed lawyers were dismissed. The judges addressed claims that the lawyers had made public remarks critical of Duterte or his legal team, concluding that these allegations did not demonstrate misconduct or undermine their capacity to represent victims.
“The Defence submits that it will object to the involvement of any common legal representative who has ‘accused Mr Duterte’s “camp” of fuelling online hatred and judicial trolling’ or has ‘persistently criticized defence strategy in media interviews, voiced derogatory slurs concerning Counsel, expressed preconceived views as to Mr Duterte’s guilt or derogatory comments on his character’,” the judges said in paragraph 30 of the decision.
The Chamber added: “The Chamber recalls that, according to rule 90 of the Rules, ‘victim[s] shall be free to choose a legal representative’ and that Mr Butuyan and Mr Andres are eligible to be appointed as legal representatives of the victims. The Chamber considers that the public views purportedly expressed by potential legal representatives of victims are only relevant insofar as they impact their ability to represent the interests of the victims or to comply with their obligations under the Code of Professional Conduct for Counsel. In the present case, the Chamber has identified no ‘inappropriate conduct’, as alleged by the Defence.”
Following their appointment, the common legal representatives were granted access to the case file, including submissions, rulings, and transcripts, subject to confidentiality limits imposed by the court.
The decision further outlined support arrangements for the legal team, authorizing two field assistants to help coordinate with victims, gather information locally, and provide context on the alleged crimes. In an interview with ABS-CBN News, ICC Assistant to Counsel Atty. Kristina Conti confirmed that she will serve as one of the field assistants, together with former Bayan Muna Representative Atty. Neri Colmenares.
The Chamber also turned down a request from the Office of Public Counsel for Victims to reopen the application process at this stage, citing concerns that doing so could slow the proceedings and unduly affect the rights of the accused.
