ICC warrant enforcement on Bato may signal more arrests — analysts

By Erika Mae P. Sinaking, Reporter

THE Philippine government’s decision to enforce an International Criminal Court (ICC) arrest warrant against Senator Ronald “Bato” M. dela Rosa could signal how authorities will handle future cases tied to former President Rodrigo R. Duterte’s drug war, analysts said, as law enforcement agencies prepare for possible additional warrants.

“This posture removes any doubt that may be used by the subjects of these warrants to question their enforceability before the courts,” Frank Lloyd B. Tiongson, a human rights lawyer and part-time consultant at the United Nations, told BusinessWorld.

Mr. Tiongson said the Philippines retains “residual obligations” under the Rome Statute despite withdrawing from the treaty in 2019.

He noted that under the Rome Statute, which created the ICC, obligations tied to acts committed while a country was still a member may continue even after withdrawal.

Mr. dela Rosa, a former Philippine National Police chief, has been identified by ICC prosecutors as among the co-perpetrators of Mr. Duterte in a case involving his anti-illegal drug campaign covering 2016 to 2019. The ex-President has been under ICC custody since his arrest last year and is awaiting trial for crimes against humanity.

The ICC has cited Mr. dela Rosa’s involvement in killings covering at least 32 people from July 2016 to April 2018, based on records cited in the arrest warrant.

“Republic Act (RA) No. 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity and the Rome Statute are parallel and mutually reinforcing in many respects,” Mr. Tiongson said in an e-mailed reply to questions. “RA 9851’s provisions virtually replicate many of the Rome Statute’s provisions.”

He said RA 9851 is meant to provide a domestic accountability mechanism for crimes against humanity while allowing cooperation with international tribunals “in the interest of justice.”

Malacañang on Sunday said future arrest warrants issued by the ICC against people linked to the drug war would be enforced immediately once coursed through the International Criminal Police Organization.

“There is a legal basis to enforce ICC arrest warrants,” Palace Press Officer Clarissa A. Castro told DZMM radio in Filipino. “These ICC warrants do not need to go through local courts.”

Ma. Kristina C. Conti, who represents victims before the ICC in The Hague, said the government’s position is consistent with the country’s earlier accession to the Rome Statute.

“When a country signs up to the Rome Statute, it accepts the ICC as law within its land,” she told BusinessWorld via Viber. “Clearly so, the ICC warrant is valid and enforceable among the signatory states of the Rome Statute.”

She added that the government’s recognition of the warrant against Mr. dela Rosa creates a precedent for future ICC warrants.

The developments followed the Supreme Court of the Philippines’ refusal to issue a temporary restraining order blocking implementation of the ICC warrant.

The Department of Justice and Malacañang said the ruling cleared the way for enforcement, though constitutional questions remain pending before the court.

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Justice Secretary Fredderick A. Vida said the denial removed any legal obstacle to implementation, while the National Bureau of Investigation (NBI) has begun preparations to locate and arrest the senator.

NBI Director Melvin A. Matibag said authorities are prepared should more warrants be issued.

“It doesn’t matter who it is or what crime is involved,” he said during a livestreamed news forum on Saturday. “As long as there is a warrant, we have a protocol.”

Mr. Matibag added that the bureau has received information suggesting more people might soon face ICC warrants.

Former Senator Antonio F. Trillanes IV earlier said intelligence reports indicated Senator Christopher T. Go could be among those potentially facing future warrants, although he said any development “may still take months.”

Mr. Go, a former special assistant to Mr. Duterte, has denied allegations linking him to the ICC investigation and described them as politically motivated.

Several former senior officials and Philippine National Police officers remain named in ICC filings tied to the anti-drug campaign.

Mr. dela Rosa’s lawyer, Israelito P. Torreon, has disputed the NBI’s description of the senator as “armed and dangerous.”

He said the defense had already filed a manifestation before the high court reserving the right to seek reconsideration after the denial of interim relief.

He maintained that the ICC warrant is not self-executing within Philippine territory because no domestic court has issued a local warrant against the senator.

In a statement posted on Facebook on Monday, Mr. dela Rosa’s wife Grace Nancy appealed to the Judiciary not to surrender her husband to The Hague.

She said Filipinos should be tried in Philippine courts and argued that transferring another Filipino to an international tribunal would imply local institutions are incapable of dispensing justice.

“If we must learn from the Duterte case, it is that, not to give up another Filipino,” Mrs. dela Rosa said.