Nicholas Kaufman, defense counsel for former president Rodrigo Duterte, has withdrawn his bid to appeal an ICC Pre-Trial Chamber I decision rejecting his disqualification request against victims' lawyers in the crimes against humanity case. He filed the notice of withdrawal on March 16. The defense reserves the right to pursue further recourse.
In Manila, Philippines, Nicholas Kaufman, defense counsel for former president Rodrigo Duterte, filed a three-page notice on March 16 withdrawing his request for leave to appeal a February 20 decision by ICC Pre-Trial Chamber I. The chamber ruled that Kaufman failed to substantiate his disqualification plea against lawyers Joel Butuyan and Gilbert Andres, as well as case manager Nicolene Arcaina, citing a lack of clear legal basis for the alleged conflict of interest and inconsistencies in the request. Kaufman stated, “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).” He had immediately sought permission to appeal, denying any incoherence or theatrical elements in his submission. Butuyan and Andres responded by labeling the appeals as “frivolous,” wasting court time and resources. They wrote, “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.” This development occurs amid the ongoing ICC proceedings on crimes against humanity charges against Duterte.
