Philippine lawyers support ICC arrest warrant for fugitive senator

by Rachel Morgan News Editor

Philippine government lawyers have urged the Supreme Court to reject a bid by fugitive Senator Ronald dela Rosa to block his arrest and surrender to the International Criminal Court (ICC). Dela Rosa is wanted for alleged crimes against humanity linked to his role in a “war on drugs.”

The Senator, who previously served as the police chief overseeing former President Rodrigo Duterte’s anti-narcotics crackdown, requested that the Supreme Court stop authorities from surrendering him to the international tribunal. Both dela Rosa and Duterte have denied any wrongdoing.

Legal Arguments and Jurisdiction

Dela Rosa’s primary argument rests on the Philippines’ 2019 withdrawal from the Rome Statute, claiming that the ICC no longer holds jurisdiction over the matter.

Legal Arguments and Jurisdiction
Legal Arguments and Jurisdiction

However, the Office of the Solicitor General (OSG) countered this by citing Republic Act 9851. This domestic law allows authorities to surrender suspects accused of grave international crimes to international courts for prosecution.

Did You Know? Former President Rodrigo Duterte is set to become the first former Asian head of state to go on trial in The Hague, facing the same charges as Ronald dela Rosa.

The OSG’s Position on Impunity

The OSG argued that dela Rosa cannot demand a separate finding from a Philippine court to justify his arrest, as the ICC has already issued a warrant. The office emphasized that the country “will never become a sanctuary for impunity.”

The OSG's Position on Impunity
Republic Act

the OSG asserted that dela Rosa is not entitled to relief, stating that his “actions show that he comes to court with unclean hands.”

Expert Insight: This case highlights a critical tension between a state’s withdrawal from an international treaty and the application of domestic laws that may still mandate cooperation with international justice. The Supreme Court’s decision could determine whether domestic legislation like Republic Act 9851 serves as a viable legal bridge for ICC enforcement regardless of treaty status.

Potential Next Steps

The outcome now depends on the Supreme Court’s ruling regarding the bid to block the arrest. If the court rejects dela Rosa’s request, authorities may proceed with his arrest and surrender to the ICC.

Headstart Recap: Antonio Trillanes on arrest attempt vs Dela Rosa, ICC warrant | ANC

A decision by the court could also set a precedent for how the Philippines handles other warrants issued by the ICC, potentially clearing the path for further prosecutions in The Hague.

Frequently Asked Questions

Why is Senator Ronald dela Rosa asking the Supreme Court for help?
He is seeking to block authorities from arresting him and surrendering him to the International Criminal Court for alleged crimes against humanity.

What is Republic Act 9851?
It is a domestic law that the Office of the Solicitor General argues allows the Philippines to surrender suspects accused of grave international crimes to international courts.

What is the basis of Ronald dela Rosa’s defense regarding jurisdiction?
He argues that the ICC no longer has jurisdiction because the Philippines withdrew from the Rome Statute in 2019.

How should a nation balance its sovereign treaty withdrawals with domestic laws regarding international crimes?

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