A Supreme Court justice has said Philippine authorities do not need a separate warrant from a local court to enforce an arrest warrant issued by the International Criminal Court (ICC) in cases that fall within the tribunal’s jurisdiction.
In a 20-page concurring opinion supporting the Supreme Court’s denial of Sen. Ronald “Bato” dela Rosa’s request for a temporary restraining order and status quo ante order, Associate Justice Alfredo Benjamin Caguioa said developments in international law make it unreasonable to interpret the Constitution’s warrant requirement as applying only to warrants issued by Philippine judges.
“That may be true from a purely domestic standpoint, but considering the developments in international law, it is unreasonable to interpret the requirement of a warrant in a very limited sense of being required to be issued by a Philippine court or judge,” Caguioa wrote.
The Supreme Court, sitting en banc, voted 9-5-1 during a special session on 20 May to deny Dela Rosa’s plea for interim relief against a possible arrest arising from the ICC’s investigation into alleged crimes against humanity linked to the Duterte administration’s anti-drug campaign.
Caguioa rejected Dela Rosa’s argument that ICC warrants are not enforceable in the Philippines without an independent determination of probable cause by a local judge.
“It stands to reason, therefore, that probable cause determination is done by ICC judges alone, not Philippine judges,” he wrote.
He also cited Article 59(4) of the Rome Statute, saying it supports the view that a separate Philippine warrant is unnecessary for the implementation of an ICC arrest order.
