Executive Secretary Lucas Bersamin clarified Saturday that the Philippine government will not automatically hand over Senator Ronald “Bato” Dela Rosa to the International Criminal Court (ICC) even if an arrest warrant is confirmed.
Responding to questions on whether the process would mirror a standard Interpol red notice, Bersamin said the Supreme Court has already established new rules on extradition.
“Not anymore. The Supreme Court has since come out with a new rule on extradition requiring a prior resort to a court before the person subject to extradition may be brought out of the country,” he said.
Palace Press Officer Claire Castro earlier said there is “no confirmation” yet on reports that the ICC has issued a warrant against Dela Rosa in connection with the Duterte administration’s anti-drug campaign.
Under the new Supreme Court rule cited by Bersamin, courts must first determine the validity of any extradition request. The measure effectively shields Filipino citizens from being handed over to foreign or international authorities without judicial scrutiny.
Also, Bersamin clarified that while the International Criminal Court (ICC) might have issued an arrest warrant against Dela Rosa, it may not yet have been transmitted through the International Criminal Police Organization (Interpol) for enforcement.
“Remember that ICC might have issued, but might not have yet coursed the service through the Interpol,” he said.
The Department of the Interior and Local Government (DILG) echoed this, noting that the Philippine Center on Transnational Crime has not received any red notice.
“At present, there is no actionable document for the Department to respond to. The DILG is currently focused on ongoing recovery operations in Cebu and on preemptive measures in preparation for the impact of Typhoon Uwan,” the DILG statement read.
Although the Philippines formally withdrew from the International Criminal Court (ICC) in 2019, the tribunal maintains that it retains jurisdiction over alleged crimes committed while the country was still a member.
Dela Rosa served as chief of the Philippine National Police from 2016 to 2018, during former President Rodrigo Duterte’s controversial anti-drug campaign, which drew widespread criticism over alleged extrajudicial killings and other human rights violations.
Duterte is currently detained at the ICC’s detention facility in The Hague, Netherlands.
Since 2018, the ICC has been investigating killings linked to the campaign, including the potential criminal liability of Duterte, other former government officials, and law enforcement personnel involved in anti-drug operations.