The camp of former President Rodrigo Duterte has withdrawn its request to appeal a ruling by the International Criminal Court (ICC) Pre-Trial Chamber I that upheld the appointment of three Filipino external lawyers representing victims of his drug war, after earlier alleging a “conflict of interest.”
In a submission dated 16 March, Duterte’s lead counsel, Nicholas Kaufman, informed the court that the defense was withdrawing its motion challenging the chamber’s 20 February decision.
“The defense notes that the Pre-Trial Chamber has not yet ruled on ICC-01/21-01/25-392 [decision]. 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 (CLRV),” Kaufman said.
The 20 February ruling rejected the defense’s claim that the appointment of lawyers Joel Butuyan, Gilbert Andres and Nicolene Arcaina posed an “impediment to representation.”
Kaufman had sought to revoke their appointment ahead of the 23-27 February confirmation of charges hearing, arguing that Arcaina’s prior professional links with Butuyan and Andres — including her work at CenterLaw Philippines from March 2019 to December 2023 — could compromise fairness and violate provisions of the ICC Code of Professional Conduct.
He also claimed Arcaina, now a case manager, may have had access to sensitive information during the prosecution’s investigation.
The chamber dismissed the allegations as “speculative and hypothetical,” saying the defense failed to establish a clear legal basis and urged it to “place substance over stylistic and theatrical formulation.”
It further ruled that no conflict of interest exists, noting that Arcaina does not act as counsel for the victims but serves as a case manager.
“The defense’s arguments misconceive such distinctions and attempt to raise an issue of impediment to representation under Article 12 of the Code against a team member of the CLRV who does not act as counsel within the meaning of that article,” the chamber said.
The chamber concluded Duterte’s pre-trial proceedings on 28 February and is expected to decide by late April whether the crimes against humanity case involving alleged killings in the anti-drug campaign will proceed to trial.