LAWYERS for former President Rodrigo Duterte have withdrawn a bid to challenge a confidential ruling at the International Criminal Court, stepping back from a procedural dispute while preserving the option to revisit the matter later.
In a filing dated March 16, 2026, lead defense counsel Nicholas Kaufman informed Pre-Trial Chamber I that the team would no longer pursue its appeal against an order issued March 13. Details of the decision remain under ICC confidentiality rules, but court records show it arose from the defense’s effort to question the role of the Common Legal Representatives for Victims, who act on behalf of individuals participating in the case.
The defense had argued that the involvement of Filipino lawyers Joel Butuyan and Gilbert Andres, along with case manager Nicolene Arcaina, could create a potential “conflict of interest,” possibly impeding representation and affecting the integrity of proceedings.
The defense emphasized that its withdrawal was filed “without prejudice,” leaving open the possibility of raising the issue at a later stage. Pre-Trial Chamber I acknowledged the notice, confirming that it did not prevent the defense from pursuing future recourse regarding perceived obstacles to victim representation.
The filing comes as pre-trial proceedings continue against Duterte, who has been in ICC custody in The Hague since March 2025 following his arrest. Prosecutors are seeking confirmation of charges of crimes against humanity linked to the former president’s anti-drug campaign. The defense has challenged both the allegations and the ICC’s jurisdiction, while raising objections to various procedural matters.
Legal observers note that disputes over victim participation are common in ICC pre-trial proceedings, where representatives for victims can influence case management and trial preparations. Analysts say the withdrawal narrows one of several ongoing legal challenges, potentially signaling a shift in focus toward the confirmation of charges—the next critical stage where judges assess whether there is sufficient trial evidence.
Recent court activity has centered on evidence disclosure, jurisdictional arguments, and the scope of victim participation. The process is expected to culminate in a confirmation hearing, after which judges will decide whether to advance, amend, or dismiss the charges.
Under ICC procedures, the confirmation stage serves as a threshold process, requiring judges to determine whether there are substantial grounds to believe that the accused committed the alleged crimes. It does not determine guilt but decides whether the case should proceed to a full trial.
If confirmed, the case would move to a Trial Chamber, where both prosecution and defense would present evidence, examine witnesses, and argue the merits of the case in full proceedings.
For now, Duterte remains in detention as proceedings continue, with both sides expected to submit further arguments in the lead-up to the court’s decision.
The withdrawal of the appeal removes one immediate point of contention but leaves unresolved the defense’s concerns regarding victim representation, an issue it has explicitly reserved the right to raise again as the case progresses. DEF