Duterte Defense Team Backs Down — Withdraws ICC Appeal Over Victims' Lawyers
Duterte's lead defense counsel Nicholas Kaufman has officially pulled the plug on his bid to appeal the ICC Pre-Trial Chamber's refusal to disqualify Filipino lawyers representing drug war victims. In a notice filed on March 16, Kaufman formally withdrew the request he had lodged on February 20, effectively conceding a key legal battle in The Hague.
The whole drama started when Kaufman tried to boot lawyers Joel Butuyan and Gilbert Andres — along with their case manager Nicolene Arcaina — from the victims' legal team. His argument? That Arcaina's previous work at CenterLaw Philippines from 2019 to 2023 created a conflict of interest that could compromise the fairness of proceedings. He even claimed she may have had access to sensitive prosecution information.
The ICC Pre-Trial Chamber wasn't having any of it. In their February 20 ruling, judges dismissed Kaufman's allegations as "speculative and hypothetical," pointedly telling the defense to "place substance over stylistic and theatrical formulation." Burn. The chamber also clarified that Arcaina serves as a case manager, not counsel — meaning the conflict-of-interest argument didn't even apply.
Butuyan and Andres had previously called out Kaufman for filing "frivolous" appeals that waste the court's time and resources, urging the defense to act in good faith. Still, Kaufman noted in his withdrawal that this doesn't prevent the defense from raising similar issues down the line — so expect more legal fireworks in the future.
Duterte, who was transferred to The Hague in March 2025 after his arrest on an ICC warrant, faces crimes against humanity charges linked to the thousands killed in his administration's drug war. The Pre-Trial Chamber wrapped up confirmation-of-charges proceedings on February 28, and a decision on whether the case proceeds to full trial is expected by late April.
Sources: The Manila Times, Daily Tribune
