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Janvic Mateo - The Philippine Star
March 18, 2026 | 12:00am
Nicholas Kaufman, lead defense counsel for former president Rodrigo Duterte at the International Criminal Court, is banking on the popular defense that his administration used against his critics: there was no criminal intent on February 23, 2026.
Photos / ICC | via Janvic Mateo
MANILA, Philippines — The defense counsel of former president Rodrigo Duterte has withdrawn his bid to appeal his failed disqualification request against Filipino lawyers representing victims in the crimes against humanity case at the International Criminal Court (ICC).
Defense counsel Nicholas Kaufman filed on March 16 a three-page notice of withdrawal of his request for “leave to appeal” an earlier decision of the ICC Pre-Trial Chamber I.
He originally asked the pre-trial judges to allow him to appeal the dismissal of his disqualification plea against lawyers Joel Butuyan and Gilbert Andres, as well as their appointed case manager Nicolene Arcaina.
“The present notification is without prejudice to any further recourse available to the Defence 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 in his notice.
In its Feb. 20 decision, the pre-trial chamber said Kaufman failed to substantiate his request for the disqualification of the three lawyers.
“The request argues the existence of a conflict of interest without pointing to any clear legal basis… the relief sought by the defense is affected by incoherences,” the judges said.
Kaufman immediately filed a request for leave to appeal that, if granted, would have allowed him to elevate the matter to the ICC Appeals Chamber.
He maintained that there was absolutely nothing “incoherent” or “theatrical” in the defense submission.
In response, Butuyan and Andres called out Kaufman for filing “frivolous” appeals that they said waste time and resources of the court.
“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,” read Butuyan and Andres’ filing.
