The Senate cannot protect Sen. Ronald “Bato” Dela Rosa from the International Criminal Court (ICC) and, in fact, has a duty to surrender him once a warrant is issued, ICC-accredited lawyer Joel Butuyan said Monday.
Earlier, Senate President Francis “Chiz” Escudero suggested that Dela Rosa could seek refuge in the Senate. However, Butuyan questioned this stance, stating during an online press conference with the Foreign Correspondents Association of the Philippines, “Actually, I don’t know the basis of the declaration of the Senate President.”
He clarified that under ICC rules, surrender is only required if the imposable penalty exceeds six years. In Dela Rosa’s case, the potential sentence is at least 30 years. “This is an exception… It creates the responsibility on the part of the Senate to surrender him,” Butuyan explained.
Additionally, he pointed out that “there’s also a rule that if the Senate is in recess, there’s no responsibility and right to prevent his arrest.”
Dela Rosa, who is seeking reelection, said he has not received any arrest warrant from the ICC. However, Kristina Conti, an ICC assistant to counsel, suggested that he and former Philippine National Police (PNP) chief Oscar Albayalde might be among the next individuals to face warrants for crimes against humanity related to the Duterte administration’s drug war.
Commenting on the broader political implications, Butuyan remarked, “I don’t know how these political issues are going to play out especially if the executive branch is going to insist on its responsibility to turn over Sen. Bato Dela Rosa in the same way it promptly surrendered Mr. Duterte to the ICC.”
On March 12, former President Rodrigo Duterte was transferred to Villamor Air Base before being flown to The Hague, where he is currently detained. His pretrial took place on March 14, and his confirmation of charges is scheduled for September 23, before which he may appeal for interim release.
During Duterte’s presidency, official government data recorded at least 6,000 deaths linked to the war on drugs. However, human rights organizations and the ICC prosecutor estimate the actual death toll to be between 12,000 and 30,000 from 2016 to 2019.
