ICC Judges Remained Present During Joel Butuyan’s Opening Statement

In a significant development at the International Criminal Court (ICC), former Philippine President Rodrigo Duterte’s pre-trial hearing on crimes against humanity charges saw scheduled procedural breaks mistakenly characterized as judicial protests by some social media accounts.

During the first day of proceedings at The Hague on February 23, lawyer Joel Butuyan, who represents victims of Duterte’s controversial drug war, delivered an opening statement before the Pre-Trial Chamber I. Contrary to viral claims spreading across social media platforms, the judges did not “walk out” during Butuyan’s remarks, nor was his microphone abruptly disconnected.

The confusion stemmed from a standard 30-minute court break that had been scheduled in advance. At precisely 11 a.m., Presiding Judge Iulia Antoanella Motoc interrupted Butuyan’s presentation, stating, “Thank you very much, counsel. We will now take a half-hour break as provided for in the schedule and you shall resume your remarks at 11:30 [am]. These are the rules that are set in the schedule, which was set in Paragraph 18 of the decision.”

This routine procedural break was subsequently misrepresented by several social media accounts, including a Facebook page called “Pinoy Showbiz,” which claimed that ICC judges had walked out in response to Butuyan’s presentation. The misleading post featured Butuyan’s photo with text suggesting he had been “humiliated on global stage as ICC judges walk out and yank his mic.”

Court records clearly show that Butuyan resumed his presentation after the scheduled break, continuing his arguments about the culture of impunity in the Philippines and the ongoing threats faced by families of drug war victims. During his remarks, Butuyan emphasized the significance of the ICC proceedings, stating, “This case symbolically represents the last boat the victims can board to go on a journey in search of justice for their loved ones who were brutally killed upon the orders of Mr. Duterte.”

The former Philippine president, who was arrested in March 2025, faces serious charges of crimes against humanity related to the thousands of killings that allegedly occurred during his administration’s aggressive anti-drug campaign. Human rights organizations have estimated that between 6,000 and 30,000 people may have been killed in operations officially sanctioned by the government or in related vigilante killings during Duterte’s term.

The prosecution has presented arguments detailing how Duterte allegedly directed a state policy that targeted alleged drug users and dealers, particularly among impoverished communities. Insider witnesses have testified about the systematic nature of these operations, claiming that victims were predominantly from disadvantaged backgrounds.

In response, Duterte’s defense team has characterized the charges as politically motivated, arguing that the former president’s inflammatory public statements about killing drug suspects were merely rhetorical hyperbole rather than actual directives.

The pre-trial hearing, scheduled to last four days, is a crucial step in determining whether the case against Duterte will proceed to a full trial. Following a one-day recess, proceedings resumed on February 26 with the defense presenting its arguments on the merits of the case. The final day of hearings was set to include closing statements from the prosecution, defense, and legal representatives of the victims.

The ICC’s involvement in the Philippines’ drug war has been controversial, with supporters of Duterte questioning the court’s jurisdiction after the Philippines formally withdrew from the Rome Statute in 2019. However, the ICC maintains that it retains jurisdiction over crimes allegedly committed while the country was still a state party.