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Victims’ lawyer to ICC judges: Confront ‘virus of impunity’ in Duterte confirmation hearing

The Hague, Netherlands –  A lawyer representing victims of former President Rodrigo Duterte’s anti-drug campaign urged International Criminal Court (ICC)  judges to confirm charges against him, and warned that a “virus of impunity” continues to spread in the Philippines and beyond as families of those killed seek justice.

Joel Butuyan, speaking on behalf of hundreds of participating victims at the opening of the confirmation-of-charges hearing, delivered an emotional appeal that framed the case as a historic test of accountability. He told judges that the alleged killings left deep scars not only on families but on entire communities that still live in fear.

“The virus of impunity that he spread all over the country has become a cancer that has metastasized,” Butuyan said on Monday, Feb.23. 

“Truth is the antidote to the virus of impunity,” he added.

Duterte, 80, denies wrongdoing and is represented by his legal team at the proceedings.

Butuyan told judges that many victims remain afraid to speak publicly, saying supporters of Duterte — whom he called “clones” — continue to harass critics and spread misinformation online. He said even lawyers representing victims in The Hague felt threatened.

“When we reported to the victims that we … feel like fugitives who avoid our own countrymen here in The Hague … they expressed their utmost concern,” he said.

Confirming the charges, he argued, would allow witnesses to testify openly and expose what he described as the “utter cruelty” of the alleged crimes. 

“The testimonies and evidence … will inoculate these mini Dutertes from the virus of impunity,” he said.

The lawyer urged judges to view the case as a chance to create a historical record of one of the bloodiest periods in recent Philippine history, comparing the potential trial’s significance to landmark post-war proceedings.

“The whole Philippines needs to know the real story during those bloody years,” he said, arguing that fake news and online campaigns had obscured the experiences of victims.

In a lengthy presentation, Butuyan recounted accounts from families who said their relatives were killed despite surrendering or showing they were unarmed. He described impoverished communities where residents slept in public markets out of fear that police would enter homes at night.

He said the impact of the killings extended beyond the deaths themselves, leaving widowed spouses struggling to support families and children growing up without parents. 

“Each killing set off a chain reaction that is continuously churning out a daily crucible of harm, damage and loss,” he told the court.

The victims’ representatives said families also faced stigma after their relatives were publicly labeled criminals, while some death certificates allegedly listed false causes of death.

Duterte’s lead defense lawyer, Nicholas Kaufman, rejected the victim’s portrayal of the case, and told judges that decisions must be based on evidence rather than emotion.

“This is a court of law which decides matters on the basis of evidence, not on the basis of political demagoguery,” Kaufman said, arguing that prosecutors had selectively quoted Duterte’s speeches and that investigators had failed to produce testimony showing he directly ordered killings.

The confirmation hearing runs through Feb. 27 and is expected to focus on legal arguments and summaries of evidence already submitted to the court. Judges can confirm the charges, decline them or request additional material before deciding whether the case proceeds to trial.

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