MANILA — Senator Ronald “Bato” Dela Rosa cannot claim immunity, said human rights lawyer Kristina Conti.

“The ICC recognizes no immunity. Even a president can be issued a warrant of arrest by the court,” said Conti, ICC Assistant to Counsel, in a Facebook post following the announcement of Ombudsman Jesus Crispin Remulla that the International Criminal Court (ICC) allegedly issued a warrant of arrest against the former Philippine National Police chief.  “Therefore, Senator Bato Dela Rosa cannot claim that he cannot be arrested just because he is a senator.”

Article 27, section 2 of the Rome Statute stipulates: Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Families orphaned by the so-called drug war identified Dela Rosa as Duterte’s accomplice in the brutal campaign. Llore Pasco, mother of two drug war victims, said in a Filipino statement: “Bato deserves to be imprisoned alongside Duterte. Just like his boss, Bato ordered the killing of our loved ones without any remorse.”

Read: Do not block drug war architect Bato’s impending ICC arrest – kin, rights groups

As of this writing, the ICC has not replied to queries from the media regarding the supposed warrant of arrest. Dela Rosa’s legal counsel said that they cannot confirm the accuracy of the Ombudsman’s pronouncement. 

“If proven true, we trust that the Philippine Government will act in accordance with the rule of law, and that any such action shall first pass through the proper local judicial confirmation process consistent with our Constitution, due process, and the sovereign rights of the Republic of the Philippines,” said Israelito Torreon, Dela Rosa’s legal counsel.

A Bulatlat explainer showed that Duterte supplied the political backing and the aggressive incentives, while Dela Rosa, then PNP chief, created the official structures and made sure the policy was carried out through the state police machinery.

Read: How Sen. Bato Dela Rosa transformed Duterte’s ‘war on drugs’ rhetoric into a national policy 

Executive Secretary Lucas Bersamin said that the process for Dela Rosa’s arrest, should the warrant be issued, will not be the same as the circumstances of Duterte’s arrest. He emphasized that the Supreme Court has already issued a new rule on extradition — a process of removing an individual from the Philippines and placing them at the disposal of foreign authorities to hold them in connection with a criminal investigation. 

In the new rules, Supreme Court stated that before issuing warrants of arrest, the extradition court must review the petition ex parte to check if it is sufficient in form and substance, complies with the law and applicable extradition treaty, and there is a probable cause that the person identified has committed an extraditable offense.

Conti begged to disagree, arguing that the proper procedure for Dela Rosa’s arrest, should the warrant be issued, is surrender and not extradition.

“Extradition is a bilateral matter between countries; the ICC is not a country,” said Conti in a post. “Surrender is a form of cooperation with the ICC—an international court—by both member and non-member states.”

She also outlines the process of arrest according to the Rome Statute:

• The ICC Pre-Trial Chamber issues a warrant of arrest.
• The ICC Registry transmits the warrant and a letter of “request for arrest and surrender” to member states and cooperating international institutions such as Interpol.
• The concerned country receives the warrant and prepares the process of locating and arresting the individual.
• The subject of the warrant is arrested in accordance with Philippine procedures (primarily under Rule 113 of the Rules of Court).
• The member state presents the arrested person before a competent judicial authority or local court (Rome Statute, Article 59).
• Once the person’s identity is confirmed and due process has been followed, the individual may be surrendered to the ICC detention facility.

Progressive lawmakers under the Makabayan bloc also support the call of drug war families to hold Dela Rosa accountable in the ongoing ICC investigation and prosecution.

“The masterminds and enforcers of the bloody drug war should not remain free. There is a long list of families of victims who continue to seek justice. Bato Dela Rosa and all those involved must be held accountable,” said ACT Teachers Party-list Rep. Antonio Tinio.

They also called for the immediate implementation and cooperation of the administration of Ferdinand Marcos Jr. “The Senate should not be used as a refuge to evade arrest. The Supreme Court should also not stand in the way of the pursuit of justice,” stressed Kabataan Partylist Rep. Co.

Senate President Vicente “Tito” Sotto III said that the Senate can only protect Dela Rosa within the Senate’s premises: “Outside the Senate premises, that’s no longer our concern.”

Under the Duterte administration, Dela Rosa served as the chief of the Philippine National Police (PNP) from July 1, 2016 to April 19, 2018, overseeing the implementation of the brutal drug war campaign.

In a Senate hearing held in October 2024, Duterte openly acknowledged that Dela Rosa was among the leaders of his Davao Death Squad (DDS) — a group responsible for the killing of thousands of alleged criminals.

Moreover, Karapatan exposed the record of Dela Rosa’s human rights violations even prior to the height of DDS and drug war killings. The group stated that his violent track record began long before he wore the PNP chief’s badge. As a junior lieutenant in Davao City in 1986, he supervised the anti-communist militia Tadtad, a group notorious for beheading people accused of supporting communists. (RVO)