As debates over the jurisdiction of the International Criminal Court (ICC) in the Philippines continue to intensify, former Far Eastern University Institute of Law dean Mel Sta. Maria said cooperation with the ICC should be viewed as a commitment to justice rather than a sign of weakness.
Discussions surrounding the issue escalated after reports confirmed that Senator Ronald “Bato” dela Rosa was facing an ICC warrant over his alleged role in the previous administration’s “Oplan Tokhang.”
Dela Rosa has since gone into hiding, while his legal team argued that they would only recognize a warrant issued by a Philippine court.
However, supporters of the ICC process pointed to Republic Act No. 9851, which they said allows local authorities to surrender internationally wanted individuals to international tribunals without the need for a separate domestic warrant.
Sta. Maria said the ICC should be trusted given the gravity of the accusations against dela Rosa, who has been accused as a co-perpetrator in the crimes against humanity case involving former President Rodrigo Duterte.
“Extrajudicial killing is not a domestic policy debate. It is a crime against humanity, and humanity has no nationality,” Sta. Maria said in a Facebook post.
He explained that international tribunals exist to ensure accountability when local justice systems are perceived to be incapable of acting independently or effectively.
“For the families of those executed, the local system has offered nothing but silence, fear, and gaslighting. They desperately need the psychological validation that their loved ones’ lives mattered, and that a supreme, objective court — free from possible influence — hears their cries,” he said.
Sta. Maria also argued that the ICC provides an appropriate venue for the accused to prove their innocence because of its strict due process standards under the Rome Statute.
“If the former President is innocent, an independent international court is the safest venue to prove it, entirely free from the bias of local political vendettas,” he added.
The lawyer stressed that recognizing the ICC’s jurisdiction does not mean surrendering Philippine sovereignty, but instead reflects the country’s commitment to justice and accountability.
“This is not about nationalism — it is about right and wrong. If an international tribunal can deliver the justice that our domestic system has struggled to secure, why should we block it?” Sta. Maria asked.
Authorities continue to search for dela Rosa following his reported escape from Senate premises on 14 May.