AN International Criminal Court (ICC)-accredited lawyer on Wednesday slammed the recent proposals made by the lead legal counsel of former Philippine President Rodrigo R. Duterte regarding identification requirements and legal representation for the victims in ongoing investigations.
Center for International Law (CenterLaw) President Joel Ruiz Butuyan rejected Mr. Duterte’s lead counsel, Nicholas Kaufman’s suggestion that victims be required to present government-issued identification such as passports or driver’s licenses.
While still not the official representative of the victims before the ICC, Mr. Butuyan handled drug war-related cases in the Philippines.
He argued that such documents are inaccessible to the “poorest of the poor”—those who, he said, comprise the majority of individuals killed during Mr. Duterte’s bloody anti-drug campaign.
“The kind of IDs being demanded by Mr. Kaufman are documents that are badges of wealth and privilege in the Philippines,” he said in a statement. “They are unavailable to victims who wallow in poverty and who constitute the overwhelming number of the people killed by his client.”
He accused Mr. Kaufman of making proposals that reflect “total ignorance” of the local socioeconomic conditions, adding that the British-Israeli lawyer is likely “speaking from his experience as a citizen of a wealthy country.”
Mr. Butuyan, who is one of the five Filipino lawyers accredited in the international tribunal, warned that enforcing stringent identification requirements would effectively deny recognition to victims’ families, compounding the harm they have already suffered.
“To refuse them recognition because of their lack of government-issued IDs is to make them suffer grave injustice twice over,” he said.
The lawyer also rebuffed Mr. Kaufman’s suggestion that the Office of Public Counsel for Victims (OPCV) be appointed to represent the victims, calling it “totally abhorrent” that Duterte’s camp would attempt to influence the choice of legal representation.
Mr. Kaufman, the victims must have the say on who should speak for them, and not you, who speaks for the mass murderer,” he said.
The ICC is currently probing alleged crimes against humanity committed during Mr. Duterte’s anti-drug campaign. The crackdown, a cornerstone of his administration, has been widely criticized by international human rights groups for its brutality and disregard for due process.
Official government figures estimate the death toll at over 6,000, but rights organizations claim the number could be as high as 30,000, with many victims coming from poor and marginalized communities.
In 2018, the Philippines withdrew from the Rome Statute — the treaty that founded the ICC — after the court announced its preliminary examination of the drug war.
Under the court’s framework, victims are allowed to present their views and concerns through legal representatives.
Mr. Duterte was arrested on March 11, upon his arrival at Ninoy Aquino International Airport in Manila, acting on a warrant issued by the ICC.
The tough-talking leader was then flown to The Hague, the Netherlands, where the ICC is based. He is still currently detained there. — Chloe Mari A. Hufana
