THE HAGUE, Netherlands — The legal defense team of former President Rodrigo Duterte has formally moved to disqualify three Filipino lawyers representing victims in the International Criminal Court (ICC) case, just weeks before a critical hearing in the crimes against humanity investigation.
In an 11-page document released on Thursday, February 12, 2026, defense counsel Nicholas Kaufman urged the Pre-Trial Chamber (PTC) I to revoke the designations of Joel Butuyan, Gilbert Andres, and Nicole Arcaina, alleging structural incompatibilities and potential “conflict of interest.”
Arguments for Disqualification The defense team’s motion focuses on the relationship between the three lawyers:
- The “CenterLaw” Connection: Arcaina, recently designated as case manager for the victims, previously worked for CenterLaw (where Butuyan and Andres are senior partners) from 2019 to 2023.
- Structural Incompatibility: The defense argues that Arcaina’s dual role—as case manager and another redacted position—could allow the victims’ legal team to access exculpatory evidence outside the standard disclosure regime.
- Undisclosed Facts: Kaufman contended that Butuyan and Andres were aware of Arcaina’s “undisclosed role” when processing her appointment and failed to inform the court, an act the defense called “beyond passive omission.”
- Immediate Request: The defense asked the chamber to deny the three lawyers access to case records while the disqualification request is pending to avoid any potential prejudice to Duterte.
The Upcoming Hearing Despite the legal skirmish over representation, the confirmation of charges hearing is still set to begin on February 23, 2026.
- Four-Day Proceeding: The hearing will determine if there is sufficient evidence to proceed to a full trial. Duterte, who faces three counts of murder as a crime against humanity, is expected to be present.
- Evidence Update: The PTC I recently granted the defense’s request to add 78 items to its list of evidence, culled from over 1,200 items disclosed by the prosecution.
Surge in Victim Applications While the defense seeks to limit the victims’ legal team, the number of individuals seeking to participate in the case continues to grow:
- 500 New Applicants: On February 9, the ICC Registry submitted an additional 227 applications comprising 500 individuals claiming irreparable harm from the “war on drugs.”
- Qualified Participants: So far, the PTC I has authorized 39 victims from an initial batch of 304 applications. Legal experts noted that the latest 500 applicants likely will not be processed in time for the February 23 hearing.
If the three Filipino lawyers—who are among only five Filipinos accredited to practice at the ICC—are disqualified, the defense suggested that the Office of Public Counsel for the Victims (OPCV) could take over their representation to prevent delays. The victims’ legal team has yet to formally respond to the disqualification motion.