Families and victims of the Duterte regime’s bogus war on drugs wish for the prompt arrest of current senator and former Philippine National Police chief Ronaldo “Bato” de la Rosa. He is one of the two individuals directly named by the International Criminal Court (ICC) as former president Rodrigo Duterte’s accomplice in the bogus drug war.

On November 8, Ombudsman Jesus Crispin Remulla announced that the ICC had issued a warrant of arrest for de la Rosa. Although the warrant was unconfirmed, “Bato” swiftly went into hiding. He surfaced only after his lawyers filed a petition with the Supreme Court to stop the unconfirmed warrant’s implementation.

“Sen. Bato Dela Rosa must stop acting like a coward,” Sheerah Escudero, sister of victim Ephraim Escudero, said. “He showed no mercy when he ordered to kill, kill, kill the suspects. He should join Duterte at the ICC jail as soon as possible.”

The victims demanded de la Rosa’s immediate surrender to the ICC once the warrant for him arrives.

“There should be no room for compromise with Bato or the Duterte camp,” Rise Up for Life and for Rights national coordinator Rubylin Litao said. “Justice is not a bargaining chip.”

De la Rosa will be surrendered, not extradited, to the ICC

Atty. Kristina Conti, lawyer for the victims, clarified that it will be a surrender—not an extradition—that will govern the transfer of de la Rosa’s custody from the Philippines to the ICC. Extradition takes place between two countries. Surrender is a form of cooperation between a state and the ICC, whether that state is a member or not.

According to Conti, the ICC warrant is an international warrant. It is effective in all territories that recognize the court, including member states and cooperative non-member states. This was the same process when Rodrigo Duterte was arrested and brought to The Netherlands in March.

The ICC also does not recognize immunity. “Bato cannot claim immunity from arrest because he is a senator,” said Conti. “It is best for him to voluntarily submit to the ICC’s jurisdiction and face the investigation to clarify his role in the war on drugs.”

The Duterte camp’s endless delaying tactics

The Duterte camp continues its maneuvers to delay the confirmation of the cases against humanity filed against the former president.

On November 14, his lawyers appealed against the decision of Pre-Trial Chamber Court 1 regarding its jurisdiction over the case. The court had earlier issued a decision affirming ICC’s jurisdiction over Duterte’s cases despite the Philippines being no longer a member. It stated that the court has authority over Duterte’s crimes for these occurred while the country was still an ICC member. The court emphasized that states should not abuse their right to withdraw from the ICC to protect powerful individuals.

Prior to this, Duterte’s lawyers twice filed petitions to disqualify the doctors and experts assessing his fitness for trial. These petitions prompted the ICC to replace the three experts on October 10, which once again delayed the entire process.