After Duterte’s denied interim release, lawyer urges ICC action on Bato

Following the International Criminal Court’s (ICC) rejection of former President Rodrigo Duterte’s request for temporary release, a lawyer representing victims of the country’s anti-drug campaign urged the tribunal to consider enforcing a reported warrant against Senator Bato de la Rosa.

Gilbert Andres, executive director of the Center for International Law Philippines and one of the legal representatives of drug war victims, said the ICC should act on what he described as a looming warrant against De la Rosa, who has been absent from the Senate since 11 November.

“If you look at the basis of Count 2 and Count 3 against Mr. Duterte, they were founded on Command Memorandum Circular 16-2016. Who issued that? The chief of the Philippine National Police, Mr. Bato de la Rosa. If we follow the logic, the ICC may also issue a warrant against him,” Andres said in Filipino in an interview on Sunday.

Andres noted that Duterte is considered an indirect co-perpetrator in the charges, with direct perpetrators potentially including De la Rosa.

Records of ICC proceedings show that Duterte has nine co-perpetrators, though their identities remain partially redacted. De la Rosa has been identified in public reporting due to his role as PNP chief from 2016 to mid-2018 and his involvement in implementing nationwide anti-drug operations.

The memorandum signed by De la Rosa in July 2016 outlined procedures and tasks for police units conducting operations under the campaign.

De la Rosa was succeeded as police chief by retired general Oscar Albayalde. Media reports have long linked both former chiefs to ICC proceedings related to the anti-drug campaign.

During a Senate hearing last year, Duterte named De la Rosa as a former member of the Davao Death Squad, a group that a self-confessed whistleblower said carried out killings of alleged drug suspects.

ICC prosecutors have cited De la Rosa’s role in operations known as “Oplan Tokhang,” which form the basis of one of three murder counts filed against Duterte. The operations were first implemented in Davao City during De la Rosa’s tenure as local police chief.

Earlier this month, Ombudsman Boying Remulla confirmed that the ICC had issued a warrant against De la Rosa. Neither Malacañang nor the Department of Justice have confirmed the warrant, but Remulla stated the matter falls under the DOJ’s jurisdiction.

Since Congress resumed session on 11 November, De la Rosa has not attended Senate hearings or budget deliberations for agencies under his sponsorship. Senate President Tito Sotto confirmed the senator’s absence.

De la Rosa previously petitioned the Supreme Court for a temporary restraining order to prevent what he described as potential arrest or surrender to a foreign court without due process. The Supreme Court dismissed the petition.