THE DEFENSE team for former President Rodrigo Duterte has formally withdrawn its request to appeal a confidential decision by the International Criminal Court (ICC).
In a notification filed on March 16, 2026, lead counsel Nicholas Kaufman informed the Pre-Trial Chamber I that the defense would no longer pursue an appeal of an order dated March 13.
While the specific March 13 decision remained confidential, it was linked to the defense’s persistent efforts to disqualify the Common Legal Representatives for Victims (CLRV).
The defense had previously raised concerns over a “conflict of interest” regarding Filipino lawyers, Atty. Joel Butuyan and Atty. Gilbert Andres, as well as their case manager, Atty. Nicolene Arcaina.
Kaufman’s team had argued that the current legal representation for the victims posed an “impediment to representation” and potentially compromised the fairness of the proceedings.
Without prejudice
The withdrawal is notably “without prejudice,” a legal term meaning the defense reserves the right to raise these concerns again in the future.
The Pre-Trial Chamber noted that the notification was made:
“…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.”
Context of the case
This procedural movement comes as the ICC continues to evaluate the confirmation of charges against the former president for alleged crimes against humanity during his administration’s “War on Drugs.”
Duterte, who has been in ICC custody in The Hague since March 2025, has consistently challenged the court’s jurisdiction and the impartiality of the personnel involved.
Observers suggest the withdrawal of this specific appeal may be an attempt to streamline the defense’s focus as the court nears a decision on whether the case will officially proceed to a full trial.
