The International Criminal Court (ICC) heard opening statements Monday from Atty. Joel Butuyan, representing alleged victims of former Philippine President Rodrigo Duterte’s “war on drugs,” as the confirmation of charges hearing commenced in The Hague.
Butuyan cautioned the ICC against dismissing the case, arguing it represents “the last boat” for victims seeking justice for killings that occurred under Duterte’s administration. He stated that victims have “absolutely no other recourse,” citing previous statements from current Ombudsman Jesus Crispin Remulla, then Justice Secretary, who acknowledged the difficulty of proving such cases within the Philippines due to the involvement of key individuals in the alleged crimes.
“If this chamber prevents the boat from sailing by not confirming the charges, the victims will forever be moored on an island where the nights are filled with the screams and cries of their massacred loved ones,” Butuyan told the Pre-Trial Chamber I judges, according to a statement released by the ICC.
Government records indicate approximately 6,200 drug suspects were killed during the Duterte administration. However, human rights organizations estimate the actual number to be as high as 30,000, including unreported related deaths. Butuyan emphasized the need for the Philippines to uncover “the real story” of those years, asserting that “truth is the antidote to the virus of impunity.” He warned that dismissing the case would allow that “virus of impunity” to continue spreading, potentially leading to the election of another leader who would endorse such policies.
The hearing follows a recent attempt by Duterte’s legal counsel, Nicholas Kaufman, to disqualify Butuyan, along with Gilbert Andres and Nicolene Arcaina, from representing the victims. Kaufman alleged an “objective appearance of bias” in their appointments. However, on February 20, the ICC Pre-Trial Chamber I rejected this request, finding no conflict of interest with regards to Butuyan and Andres. The chamber noted that the defense failed to establish any impediment to their representation under ICC guidelines.
The chamber did acknowledge Arcaina’s previous employment with CenterLaw, where Butuyan and Andres are partners, but determined that differing roles and mandates did not automatically constitute a conflict of interest.
The ICC previously approved Duterte’s request not to attend the confirmation of charges hearing, which began February 23. The confirmation of charges hearing will determine whether the ICC will proceed to a full trial regarding alleged crimes against humanity committed during the “war on drugs.”
