The Office of the Prosecutor of the International Criminal Court has declined to take a position on the defense motion seeking to disqualify the external legal representatives of victims in the case against former Philippine President Rodrigo Duterte.
ICC prosecutors take no position on bid to disqualify victims’ lawyers in Duterte case
Nation
ICC prosecutors take no position on bid to disqualify victims’ lawyers in Duterte case
by Luwela Amor17 February 2026
Photo courtesy: ICC
In a legal filing dated February 16 from the ICC, Deputy Prosecutor Mame Mandiaye Niang informed the Chamber that the Prosecution “takes no position” on the defense’s request to remove the three external legal representatives for victims in the crime against humanity case against Duterte.
“Pursuant to the Chamber’s order, the Prosecution informs the Chamber that it takes no position on the ‘Defence Request for the Disqualification of the External Legal Representatives for the Victims,’” the ICC document read.
“Should it assist the Chamber in considering the Defence’s request, the Prosecution confirms that it will not rely on [REDACTED] for the confirmation of charges hearing. The Prosecution also does not intend to rely on [REDACTED] at trial,” it added.
The submission, classified as confidential, stated that it contains sensitive information that could impact the security of prosecution witnesses and ongoing investigations.
This comes few weeks after the appointment of Filipino lawyers Joel Butuyan and Gilbert Andres as legal representatives of victims in the ICC proceedings. The defense team of Duterte has moved to have them removed from the case.
In an 11-page filing, defense counsel Nicholas Kaufman also sought the disqualification of Nicole Arcaina, who was recently designated by the ICC as case manager for the victims.
The defense asked the ICC’s Pre-Trial Chamber I to revoke the lawyers’ designations, alleging “conflict of interest” and claiming their continued participation poses an “impediment to representation.”
The confirmation of charges hearing in Duterte’s case is scheduled to begin on Monday, February 23, 2026, in The Hague.
According to the ICC, proceedings will run from 10 a.m. to 3 p.m. local time (5 p.m. to 10 p.m. Philippine time) at Courtroom I of Pre-Trial Chamber I. Additional hearings are set for February 24, 26, and 27.
The confirmation hearing will determine whether sufficient evidence exists to move the case forward to trial. Prosecutors have indicated they will not rely on specific redacted materials during the upcoming proceedings.
The ICC case stems from allegations tied to Duterte’s anti-drug campaign during his presidency, which has drawn international scrutiny and legal challenges.
The outcome of the confirmation hearings will mark a significant step in determining whether the case proceeds to full trial before the Hague-based court.
Duterte is currently detained at the ICC Detention Center in The Hague, Netherlands, following his arrest on March 11.
He faces charges of crimes against humanity, allegedly committed in the Philippines between November 1, 2011, and March 16, 2019.
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