THE defense team of former Philippine president Rodrigo Duterte has withdrawn a request for leave to appeal a confidential ruling issued by the International Criminal Court (ICC), signaling a possible shift in legal strategy as proceedings related to the country’s controversial anti-drug campaign continue.
In a filing submitted on March 16, 2026, Duterte’s lead counsel, Nicholas Kaufman, informed the ICC that the defense was retracting its appeal request regarding a confidential decision of the court’s ICC Pre-Trial Chamber I.
The chamber had earlier ordered the defense to clarify its request following a ruling dated March 13.
The legal dispute centers on the defense team’s attempt to disqualify the lawyers serving as Common Legal Representatives for Victims (CLRV), particularly Joel Butuyan and Gilbert Andres, along with their case manager, Nicolene Arcaina.
Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, had earlier dismissed the defense’s petition to disqualify the victims’ legal team in a decision issued on February 20, 2026.
The issue traces back to April 17, 2025, when the chamber directed the ICC Registry to organize common legal representation for victims participating in the proceedings.
On January 26, 2026, the Registry appointed Butuyan and Andres, along with a lawyer from the Office of Public Counsel for Victims (OPCV), to serve as the victims’ legal representatives.
On the same day the defense filed its challenge, the victims’ legal team notified the chamber that Arcaina had joined their group as case manager.
Lawyers for the victims had earlier argued that the defense was attempting to introduce new standards on alleged conflicts of interest that are not grounded in the ICC’s rules and procedures.
They insisted that the current arrangement for victim representation does not undermine the fairness or efficiency of the case.
WITHDRAWAL “WITHOUT PREJUDICE”
Although the details of the confidential ruling remain undisclosed, Duterte’s defense had originally sought permission to elevate the matter to the ICC Appeals Chamber.
In the latest filing, Kaufman said the withdrawal was made “without prejudice,” meaning the defense reserves the right to raise the same issue again in the future if necessary.
The defense team reiterated that it still intends to question what it considers potential obstacles in the current structure of victim representation before the court.
WHERE IT ALL STARTED
The ICC investigation involving Duterte stems from allegations of crimes against humanity linked to the Philippine government’s anti-drug campaign during his presidency from 2016 to 2022.
Thousands of suspects were reported killed in police operations and vigilante-style attacks during the period.
In 2021, the ICC authorized a formal probe into the killings, concluding that there was a reasonable basis to investigate possible crimes against humanity.
The Philippine government under Duterte had earlier withdrawn from the Rome Statute, the treaty that created the ICC, in 2019, but the court maintained jurisdiction over alleged crimes committed while the country was still a member.
The ongoing proceedings before Pre-Trial Chamber I focus on procedural matters, including victim participation and the organization of legal representation, as the court continues to review evidence and legal arguments related to the case.