Posted by ReyFort Media
THE International Criminal Court (ICC) Pre-Trial Chamber 1 (PTC) has authorized at least 29 victims of the Duterte administration’s bloody campaign against illegal drugs to participate in the trial of former president Rodrigo “Rody” Duterte.
Duterte is facing charges of crimes against humanity for the murders of thousands of Filipinos who have been tagged as victims of extrajudicial killings in relation to the implementation of his administration’s “Oplan Tokhang” drive against illegal drug users and traders.
The chamber appointed human rights lawyers Joel Butuyan and Gilbert Andres as the victims’ common legal representatives.
In its 15-page ruling dated January 26, 2026, Presiding Judge Julia Antoanella Motoc, Justice Reine Adelaide Sophie Alapini-Gansou and Justice Maria del Socorro Flores Liera authorized the participation of 29 victims belonging to Group A and an unspecified number of Group C applicants in the pre-trial proceedings.
“The Chamber, not having identified any clear, material error in the Victims Participation and Reparations Sections or VPRS’ assessment, concurs with it and considers that the minor discrepancies identified by the Registry in certain applications do not affect the overall credibility of the information provided therein,” the ruling said.
“In addition, the Chamber considers that the issue regarding completeness related to eight of the 15 Group A applications does not render them inadmissible. Accordingly, the Chamber decides to authorize the 29 Group A applicants to participate as victims in the present proceedings,” it added.
The chamber held the same for Group C applicants.
“The VPRS presented a sample of 10 Group C applications, noting that applications may contain minor discrepancies. The Chamber considers that they do not affect the overall credibility of the information provided therein, and therefore validates the flexible approach adopted by the VPRS,” it said.
The PTC, in an order issued in April last year, categorized how victims can participate in the case, including the “A-B-C” approach.
Under this system, Group A includes applicants who “clearly qualify” as victims; Group B includes applicants who “clearly do not qualify as victims,” and Group C includes applicants for whom the ICC Registry could not make a clear determination for any reason.
In appointing Andres and Butuyan to represent the victims, the PTC effectively dismissed the objections raised by Duterte’s defense team against the two, who are among the ICC-accredited lawyers allowed to participate as counsel in the tribunal’s proceedings.
They will be joined by a member from the Office of the Public Counsel for Victims under the ICC.
Duterte’s lawyers, in objecting to their appointment, cited the criticisms made by Andres and Butuyan against the Duterte camp and their expressions of what they claimed were “preconceived views” as to the former president’s guilt.
The PTC noted, however, that the majority of the victim applicants wanted to be represented by either Butuyan or Andres.
In the same ruling, however, the PTC rejected the OPCV’s request to reopen the application process for victims’ participation, saying that this would only delay the proceedings.
“Therefore, the Chamber finds that further delaying the proceedings to consider the participation of additional victim applicants would disproportionately affect the rights of the suspects under Article 67 of the Rome Statute and the right of the victims to expeditious proceedings. Consequently, the Chamber rejects the OPCV request to reopen the application process for victims’ participation,” it said.
APPEAL SET
Duterte’s lawyers, led by lead counsel Nicholas Kaufman, said they will appeal the PTC ruling finding their client fit to attend the pre-trial proceedings, which have been set on February 23.
Kaufman said the former president was deprived of due process by the chamber.
“The Defense is disappointed that, contrary to accepted practice, it was denied the opportunity to present its own medical evidence and to question, in court, the contradictory findings of professionals selected by the judges,” he said in a statement.
“The Defense will seek leave to appeal (the) decision and argue on the grounds that Mr. Duterte was denied due process,” he added.
In a 25-page ruling issued on January 26, the PTC rejected the defense panel’s request for an indefinite suspension of court proceedings based on what they said was Duterte’s alleged “cognitive impairment,” and ruled that the former president is fit to take part in pre-trial proceedings, including the confirmation of charges hearing.
The pre-trial was originally set to be held in September last year but this was suspended after the chamber agreed to conduct an assessment of Duterte’s fitness.
The PTC ruling issued its decision after several months of litigation over the health of the 80-year-old former president, during which the chamber ordered the conduct of medical tests by a panel of independent medical experts possessing extensive expertise in forensic psychiatry, neuropsychology and geriatric and behavioral neurology.
ALL-SET
ICC assistant to counsel Kristina Conti on Tuesday said the hearing on the confirmation of charges against Duterte will proceed next month even if his camp appeals the PTC ruling.
“It’s like a train, the driver is the Pre-Trial Chamber. From our point of view, there are no more obstacles. It has already decided on the jurisdiction, it has already decided on the fitness to stand trial,” Conti said in Filipino in an interview with dzBB radio.
She said that if Duterte’s lawyers filed an appeal, this would be referred to the Appeals Chamber, and the PTC does not need to wait or put on hold the conduct of the pre-trial proceedings, including the confirmation of charges, while waiting for the decision on any appeal.
Conti said the hearings on the confirmation of charges against Duterte may take up to four days and the PTC has up to two months to make its decision.
Rep. Leila de Lima (PL, Mamamayang Liberal) said she expects more delaying tactics from Kaufman “because he simply cannot defend Duterte in the trial proper. He will continue to harp on Duterte’s supposed mental incapacity to stop the trial.”
“But he can only do so much in his dilatory tactics. In the end, Duterte will still face justice and pay for his crimes,” said the former senator, who was detained for trumped-up drug charges under the Duterte administration.
She ridiculed Duterte’s defense team for using his alleged mental unfitness to avoid trial, saying such an alibi is incredible. “Duterte cannot boast of iron will and total control for years, then plead mental unfitness when finally called to account,” she said.
“This ruling tells victims that in the reckoning of Duterte at the ICC, their voices will not be sidelined by technical evasions,” said De Lima, a former justice secretary who also chaired the Commission on Human Rights. (A. Hachero with W.Vigilia / Malaya)
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