A warrant of arrest issued by the International Criminal Court (ICC) should not be treated as a foreign law or foreign warrant because the Philippines adopted the Rome Statute into domestic law, according to lawyer Antonio Bucoy of the Free Legal Assistance Group and the Movement of Attorneys for Brotherhood, Integrity and Nationalism.

In a Sunday interview, Bucoy explained that the Philippines became part of the Rome Statute after the Senate ratified it in 2011, making the treaty part of Philippine law under the Constitution.

“The Constitution provides that international treaties become part of the law of the land,” Bucoy said in English during the interview. He added that Congress also enacted Republic Act No. 9851, which codified provisions of the Rome Statute into Philippine law, including the country’s participation in the ICC.

Because of this, Bucoy said the ICC’s jurisdiction over alleged crimes committed while the Philippines was still a member remains valid, including allegations tied to former Philippine National Police chief and Sen. Ronald dela Rosa from 2016 to 2018.

“Therefore, this is not a foreign warrant,” Bucoy said. “This is a warrant to arrest Sen. Bato under an international treaty implemented by an international tribunal.”

He stressed that the ICC warrant cannot be considered a “foreign law” because its provisions were already codified through Republic Act No. 9851.

Bucoy also argued that the country’s withdrawal from the Rome Statute under former President Rodrigo Duterte did not erase obligations tied to alleged crimes committed while the Philippines was still a member.

“The violations were allegedly committed while we were still part of the Rome Statute,” Bucoy said. He noted that the withdrawal only became effective a year after it was announced in 2018.

The lawyer further pointed out that the Senate ratified the Rome Statute, raising questions about whether Senate concurrence was also needed for the country’s withdrawal.

He also noted that the Supreme Court of the Philippines had previously recognized the ICC’s authority over cases involving alleged violations committed during the period when the Philippines remained a member of the Rome Statute.