Duterte's counsel withdraws ICC appeal on Filipino lawyers' disqualification

THE defense counsel of former president Rodrigo Duterte has withdrawn his bid to appeal the dismissal by the International Criminal Court (ICC) of his request to disqualify Filipino lawyers representing victims. In a notice filed on March 16, Nicholas Kaufman formally withdrew his Feb. 20 request for leave to appeal an earlier decision by ICC Pre-Trial Chamber I. Kaufman had sought to challenge the chamber’s ruling that denied his motion to disqualify Filipino lawyers Joel Butuyan and Gilbert Andres, as well as their appointed case manager Nicolene Arcaina, from representing victims in the case. “Pursuant to the order of the Pre-Trial Chamber on 13 March 2026, the Defense for Mr. Rodrigo Roa Duterte hereby formally notifies Pre-Trial Chamber I of the withdrawal by the Defense of its Request for Leave to Appeal,” the notice stated. While withdrawing the appeal, Kaufman noted that the Pre-Trial Chamber had not yet ruled on the original request. He also indicated that the move does not prevent the defense from raising the issue again in the future. “The present notification is without prejudice to any further recourse available to the Defense in order to raise the issue of what it perceives to be an impediment to representation on the part of the Common Legal Representatives for Victims (CLRVs),” Kaufman said. The withdrawal comes after Butuyan and Andres previously called out Kaufman for filing what they described as “frivolous” appeals that waste the court’s time and resources. In an earlier filing responding to Kaufman’s appeal bid, the two lawyers urged the defense to act in good faith. “The Defense bemoans the lack of time it has had to raise issues for appeal on this matter and denies responsibility for the timing of its submissions. Yet, Counsel can indeed be held responsible for making frivolous leaves for appeal, particularly as it implicates the solemn undertaking by all counsel before the Court,” their filing read. “The external CLRVs beseech the Defense to act in good faith, acknowledge when the decisions made by the Chamber are definitive and comprehensive, and refrain from further wasting the time and resources of the Court in adjudicating non-issues.” Duterte is facing charges before the ICC in connection with the deadly drug war during his presidency, which left thousands dead according to human rights groups. The former Philippine leader was transferred to The Hague in March 2025 after his arrest by Philippine authorities following an ICC warrant.