The International Criminal Court (ICC) Prosecution has chosen not to take a position on former President Rodrigo Duterte’s request to disqualify three lawyers representing victims in the ongoing crimes against humanity case linked to his administration’s war on drugs.
In a three-page document dated February 16 and signed by Deputy Prosecutor Mame Mandiaye Niang, the Prosecution informed ICC Pre-Trial Chamber I that it will not weigh in on the defense’s motion.
“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 document read.
It also clarified that, to assist the Chamber if needed, the Prosecution will not rely on certain redacted materials for the confirmation of charges hearing or at trial.
Duterte’s request, filed on February 11, asked the Chamber to direct the ICC Registry to revoke the appointment of lawyers Joel Butuyan, Gilbert Andres, and Nicolene Arcaina as common legal representatives for the victims.
His legal team also sought to temporarily suspend the lawyers’ access to the case record while the motion is being considered.
The defense argued that the lawyers should be disqualified due to an alleged impediment to representation and a conflict of interest, noting that Butuyan and Andres previously worked with Arcaina at CenterLaw Philippines, which may have made them aware of certain sensitive information, though details were redacted in the filing.
Duterte is currently being investigated by the ICC for crimes against humanity allegedly committed during his controversial drug war. He has been detained at the Scheveningen Detention Center in The Netherlands for nearly 11 months.
Confirmation hearings for the charges are scheduled for February 23, 24, 26, and 27.