Duterte case seen to gain momentum
THE International Criminal Court (ICC) case against former president Rodrigo Duterte is poised to gain significant momentum now that his defense team has been fully assembled, according to one of only five Filipino lawyers accredited by the international tribunal. In an interview over the weekend, Joel Butuyan, president of the human rights organization CenterLaw and a veteran litigator with extensive international experience, provided crucial insights into the legal strategies, procedural hurdles and political dimensions shaping the landmark case. Butuyan said the completion of Duterte's defense team marks a critical turning point that will allow the case to progress more swiftly through the ICC's complex judicial machinery. "With the defense team now in place, we can expect the legal process to gain momentum as we approach the crucial confirmation of charges hearing," he said. Butuyan said the Sept. 23 hearing represents a pivotal juncture where ICC judges will determine whether there is sufficient evidence to proceed to a full trial for alleged crimes against humanity committed during Duterte's bloody war on drugs. The veteran human rights lawyer outlined legal avenues the defense is expected to pursue, including a vigorous challenge to the ICC's jurisdiction over the Philippines following the country's withdrawal from the Rome Statute in 2019. However, Butuyan cautioned that such arguments may face stiff headwinds since the ICC maintains jurisdiction over crimes committed while a nation was still a member state. He also revealed that Duterte's legal team is preparing to file for interim release should arrest warrants be issued, a move that could allow the former president to remain free while proceedings unfold. Butuyan also addressed the delicate timing of defense motions, explaining that if jurisdictional challenges are filed imminently, they could potentially delay the Sept. 23 hearing. If submitted closer to the hearing date, the process may proceed as scheduled, with the three-judge pretrial chamber then entering a deliberation phase that could extend the timeline. Dispelling speculation about external political influences, Butuyan said that ICC judges would base their decisions strictly on legal merits rather than geopolitical pressures. This clarification came amid reports of a US executive order designed to shield American officials from ICC prosecution, with some observers wondering if it might indirectly affect Duterte's case. "The ICC operates independently," Butuyan stressed. "Political developments in other countries, while noteworthy, won't determine the judicial outcome here." A particularly poignant dimension of the case involves victim participation. Butuyan explained that while the ICC has yet to formally appoint victim representatives, affected families will soon have the opportunity to submit applications through a meticulous process requiring substantial documentation, including police reports and death certificates. The victims may be represented by a combination of Filipino and international lawyers accredited by the ICC, with the court ultimately selecting the legal representation. As the September hearing approaches, Butuyan cautioned that the proceedings could take unexpected turns, including possible postponements if the defense requests more preparation time.
Tomas Kauer - Moderator 
THE International Criminal Court (ICC) case against former president Rodrigo Duterte is poised to gain significant momentum now that his defense team has been fully assembled, according to one of only five Filipino lawyers accredited by the international tribunal.
In an interview over the weekend, Joel Butuyan, president of the human rights organization CenterLaw and a veteran litigator with extensive international experience, provided crucial insights into the legal strategies, procedural hurdles and political dimensions shaping the landmark case.
Butuyan said the completion of Duterte's defense team marks a critical turning point that will allow the case to progress more swiftly through the ICC's complex judicial machinery.
"With the defense team now in place, we can expect the legal process to gain momentum as we approach the crucial confirmation of charges hearing," he said.
Butuyan said the Sept. 23 hearing represents a pivotal juncture where ICC judges will determine whether there is sufficient evidence to proceed to a full trial for alleged crimes against humanity committed during Duterte's bloody war on drugs.
The veteran human rights lawyer outlined legal avenues the defense is expected to pursue, including a vigorous challenge to the ICC's jurisdiction over the Philippines following the country's withdrawal from the Rome Statute in 2019.
However, Butuyan cautioned that such arguments may face stiff headwinds since the ICC maintains jurisdiction over crimes committed while a nation was still a member state.
He also revealed that Duterte's legal team is preparing to file for interim release should arrest warrants be issued, a move that could allow the former president to remain free while proceedings unfold.
Butuyan also addressed the delicate timing of defense motions, explaining that if jurisdictional challenges are filed imminently, they could potentially delay the Sept. 23 hearing.
If submitted closer to the hearing date, the process may proceed as scheduled, with the three-judge pretrial chamber then entering a deliberation phase that could extend the timeline.
Dispelling speculation about external political influences, Butuyan said that ICC judges would base their decisions strictly on legal merits rather than geopolitical pressures.
This clarification came amid reports of a US executive order designed to shield American officials from ICC prosecution, with some observers wondering if it might indirectly affect Duterte's case.
"The ICC operates independently," Butuyan stressed. "Political developments in other countries, while noteworthy, won't determine the judicial outcome here."
A particularly poignant dimension of the case involves victim participation. Butuyan explained that while the ICC has yet to formally appoint victim representatives, affected families will soon have the opportunity to submit applications through a meticulous process requiring substantial documentation, including police reports and death certificates.
The victims may be represented by a combination of Filipino and international lawyers accredited by the ICC, with the court ultimately selecting the legal representation.
As the September hearing approaches, Butuyan cautioned that the proceedings could take unexpected turns, including possible postponements if the defense requests more preparation time.
