Senator Ronald “Bato” dela Rosa on Tuesday said he would oppose the submission of a transcript of the Senate’s inquiry into the Duterte administration’s war on drugs to the International Criminal Court, emphasizing the issue of the ICC’s jurisdiction over the Philippines.

“It depends on the Senate leadership if they want to submit it there, but if they do submit it, I will question them: ‘Why are you submitting it to the ICC when, in fact, we do not recognize the ICC’s jurisdiction? Why?’” Dela Rosa told Senate reporters shortly after he presided over a hearing.

Dela Rosa was the chief of the Philippine National Police (PNP) when former President Rodrigo Duterte launched the war on illegal drugs in 2016.

The war on drugs caught the ICC’s attention due to alleged human rights violations and the extrajudicial killing (EJK) of drug suspects.

“If you submit to them, that is tantamount to recognizing their jurisdiction over us,” Dela Rosa said.

The Philippines ceased to be a member of the ICC on 17 March 2019, one year after Duterte formally withdrew from the Rome Statute that created the international tribunal.

The Duterte administration asked the ICC prosecutor to defer to the Philippine government’s investigations and proceedings on the drug war in a 10 November 2021 letter signed by Ambassador to the Netherlands Eduardo Malaya.

Valid request

Over the weekend, Senate President Francis “Chiz” Escudero said the upper chamber would not hesitate to provide the ICC with an official transcript of the recent Blue Ribbon subcommittee hearing on the drug war should there be a “valid reason.”

“If there is a valid request, the Senate will not hesitate to certify a copy of the transcript of the hearing. But, of course, it can’t just be anyone requesting it for no reason at all,” Escudero told reporters.

Dela Rosa, however, said that complying with the ICC’s request would be tantamount to acknowledging its authority over the Philippines.

“Giving in to their request is tantamount to recognizing their jurisdiction over us and our government has been very consistent in declaring that the ICC has no jurisdiction over us,” he said.

Dela Rosa insisted the government has maintained the effectiveness of the country’s judicial system.

“So although we are a co-equal branch of government with the executive — if that is the stand of the executive branch of government that we do not recognize — I hope the legislative branch will also follow the same line,” Dela Rosa said.

“That’s my point. It’s not because I’m one of the accused at the ICC; that’s my stand. But I’m just looking at it from the point of view that our line, our stand should be one as far as our foreign policy is concerned,” he added.

‘It’s up to Marcos’

Allowing the ICC to investigate the war on drugs should be the decision of President Ferdinand Marcos Jr., according to Dela Rosa.

“We should take our cue from the President. Since it came from the President, being the chief architect of foreign policy, we should follow his line,” he added.

Marcos has said his administration does not recognize the ICC’s jurisdiction, stressing that “that any unauthorized investigation by foreign entities in the Philippines is an encroachment on the country’s sovereignty.”

Meanwhile, Dela Rosa urged Escudero to question the purpose for asking for the Senate inquiry transcripts.

“He should ask, for what purpose is that certified true copy? Who asked for it and for what? Not because we are mechanical and we can certify a true copy we would do it. We should ask where it will be taken to,” he said.

“If it is for the ICC, he should tell us that giving this copy to the ICC is tantamount to admitting their jurisdiction over us,” he added.

Dela Rosa stressed the importance of the Philippines standing firm in its decision to withdraw from The Hague court.

“I don’t worry. I just want us all to be synchronized,” he said.

“When Malacañang says we haven’t reconfirmed the jurisdiction of the ICC, then as a country, as a nation, we shouldn’t reconfirm it. We should all be united. It shouldn’t be that what Malacañang says is different from what the Senate says.”