With former president Rodrigo Duterte now deemed fit to stand trial at the International Criminal Court (ICC) in The Hague and the confirmation of charges set next month, the families of those killed in his “war on drugs” are looking to the proceedings as their last real chance to be heard.
“This ICC trial is their only chance to finally get justice,” the human rights lawyer Joel Butuyan, who has worked with the victims’ families since 2016, told CoverStory on Thursday.
“I will do everything within my means to help them finally attain justice,” said Butuyan who, along with Gilbert Andres, another Filipino human rights lawyer, has been designated by the ICC to represent the drug war victims.
On Jan. 26, the ICC Pre-Trial (PTC) 1 ruled that Duterte is fit to participate in pre-trial proceedings, rejecting his defense team’s request for an indefinite adjournment due to his alleged cognitive impairment.
The confirmation of charges is set for Feb. 23.
“Having regard to the relevant legal principles, and to the medical assessment of the independent experts in light of all of the factors set out above, the Chamber is satisfied, in law, that Mr. Duterte is able effectively to exercise his procedural rights and is therefore fit to take part in the pre-trial proceedings,” the ICC PTC 1 said.
‘Error of law and of fact’
Duterte’s defense team led by the British-Israeli lawyer Nicholas Kaufman has appealed the ruling, arguing that they were denied the opportunity to present their own medical evidence and insisting on the former president’s interim release.
They said the PTC “committed an error of law and of fact when it refused, without proper motivation, to consider a medical report provided by a Defence neurologist and neuropsychologist.”
“To categorically disregard a party’s submissions, to say nothing of objective medical evidence supplied by leading professionals in good standing, is, in effect, the rejection of a suspect’s right to a fair hearing,” they added.
Vice President Sara Duterte, who has lately been staying in The Hague and is seen in almost-daily exchanges there with reporters and supporters of her father, also criticized the ICC. “If they have already prejudged the case of Rodrigo Duterte, then we have also prejudged the ICC as a biased political court,” she said in a video posted on Facebook.
‘Avenue to achieve justice’
Asked by CoverStory to comment, the Filipino lawyer Kristina Conti said “it’s easy to say that the ICC is not a court of justice” from the point of view of a human rights violator.
“But from the perspective of the victims and the general population, the ICC is an avenue to achieve justice. It gives us the opportunity to hear the stories from all sides,” said Conti, an ICC-accredited assistant to counsel.
She added that the Dutertes are perhaps unaccustomed to not immediately having their way: “Nakakapanibago lang siguro na hindi na nasusunod nang agad-agad at basta-basta ang gusto ng mga Duterte.”
Conti defended the ICC process, emphasizing that independent experts and judges carefully assessed the ex-president’s medical history and condition before ruling him fit for trial. She pointed out that the confirmation of charges had been delayed for nearly five months to thoroughly address these concerns.
Butuyan said the families of the drug war victims are thankful to the ICC for heeding their preference to be represented by Filipino lawyers.
“[They] can communicate their views and concerns to lawyers who they can talk to, and the lawyers can update the victims and solicit their views, both in the language familiar to the victims,” he said, adding:
“The appointment of Filipino lawyers who lived through the terrible drug war years, and who have been assisting the victims since the start of those dreadful years, is an advantage in the pursuit of justice.”
In a statement sent to CoverStory, Andres said he was “very grateful” for his appointment as one of the lawyers representing the drug war victims at the ICC.
“I consider my appointment as Common Legal Representative of Victims as a solemn duty and a sacred trust,” he said. “I am also very grateful for the trust reposed upon me and our whole Team by the different victims’ groups and human rights NGOs working tirelessly to support the victims of the ‘war on drugs’ in order to pursue their rights to justice and to the truth under international law.”
10 years
For Butuyan, who also writes a weekly column at Inquirer Opinion, the work is personal in nature.
“I have been working with the victims’ families since 2016. It has been 10 years, and I have seen how families have struggled and almost lost hope. This ICC trial is their only hope for justice,” he said.
Butuyan said that as legal representatives, he and Andres will participate fully in the confirmation of charges process, delivering opening and closing statements and articulating the victims’ submissions alongside the prosecution and defense teams.
“For many families, the ICC remains their only avenue for justice, as the Philippine government under the Marcos administration has acknowledged that domestic prosecution of crimes against humanity during the Duterte era is not possible,” he said.
Butuyan chairs the nonprofit CenterLaw Philippines, of which Andres is executive director.
Rodrigo Duterte has been held at the ICC prison facility in The Hague in the Netherlands since March 2025. He is accused of murder as a crime against humanity in connection with extrajudicial killings during his antidrug campaign as Philippine president and as Davao City mayor.
Vice President Duterte said on Thursday that her father had refused the call of some of his supporters that his lawyers be replaced. CS
Read more: Duterte to spend Christmas in detention after ICC rejects his release
