Statement of the Philippine Coalition for the International Criminal Court (PCICC)
The Philippine Coalition for the International Criminal Court (PCICC) strongly opposes the protective custody reportedly extended by the Philippine Senate to Senator Ronald “Bato” dela Rosa. We call on Philippine authorities to immediately arrest Senator dela Rosa and surrender him to the International Criminal Court (ICC).
The ICC has announced the unsealing of an arrest warrant against Senator dela Rosa in the Situation in the Philippines. The warrant was issued by Pre-Trial Chamber I on 6 November 2025 in relation to alleged crimes against humanity committed in the context of the so-called war on drugs.
The Senate must not become a refuge for a person wanted for alleged crimes against humanity. There is no constitutional or statutory basis that transforms the Senate premises into a sanctuary from lawful arrest. Public office, political influence, and institutional protection must never be used to obstruct accountability for grave international crimes.
Under Article 127(2) of the Rome Statute, withdrawal from the treaty does not affect obligations arising while a State was still a party, nor does it prejudice the continued consideration of matters already before the Court before withdrawal took effect. The ICC Appeals Chamber has confirmed that the Court may exercise jurisdiction in the Duterte case over alleged crimes committed while the Philippines was still bound by the Rome Statute.
The Senate should not be a safe refuge for a suspect of crimes against humanity. Philippine authorities should assist in bringing Senator dela Rosa before the ICC. No public institution should be used to defeat the victims’ long struggle for justice.
Ray Paolo Santiago, Co-Chairperson of PCICC
Philippine law also supports cooperation with international accountability mechanisms. Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, recognizes crimes against humanity as offenses of the highest gravity and allows Philippine authorities to cooperate with international tribunals exercising jurisdiction over such crimes. The law reflects the State’s duty to ensure that those accused of grave international crimes are not shielded from accountability.
The Supreme Court’s discussion in Pangilinan v. Cayetano further supports the principle that withdrawal from the Rome Statute does not erase obligations incurred while the Philippines was a State Party. While this discussion may be characterized as obiter dictum, it remains a persuasive affirmation of Article 127(2) and is consistent with the ICC’s own rulings on jurisdiction over the Philippine situation.
PCICC recalls that the ICC Pre-Trial Chamber I has already confirmed all charges against former President Rodrigo Roa Duterte and committed him to trial for three counts of crimes against humanity. This was a major step forward in the pursuit of truth and accountability for victims of the drug war. Accountability, however, must not stop with one individual. Those who allegedly participated in the planning, ordering, implementation, or cover-up of these crimes must likewise be brought within the reach of the law.
“The Senate should not be a safe refuge for a suspect of crimes against humanity. Philippine authorities should assist in bringing Senator dela Rosa before the ICC. No public institution should be used to defeat the victims’ long struggle for justice,” said Atty. Ray Paolo Santiago, Co-Chairperson of PCICC.
“No one is above the law. The arrest warrant issued by the ICC must be respected. The Executive branch must be allowed to discharge its functions and cooperate with lawful accountability processes without obstruction or interference,” added Dr. Aurora Corazon A. Parong, Co-Chairperson of PCICC.
We view any attempt to prevent the arrest and surrender of Senator dela Rosa as a serious obstruction of justice and a betrayal of the rights of victims and their families, who have waited many years for truth and accountability. The Filipino people should not be made to witness public institutions protecting those called to answer for grave international crimes.
PCICC therefore calls on:
- The Senate to cease any act that obstructs, delays, or prevents the arrest of Senator dela Rosa;
- President Ferdinand Marcos Jr., the Department of Justice, and Philippine law enforcement agencies to fully cooperate with the ICC;
- Philippine authorities to execute all ICC arrest warrants in accordance with law and due process; and
- All public officials to uphold the rule of law and respect the rights of victims to justice, truth, and accountability.
The ICC remains a court of last resort for victims of grave international crimes when domestic accountability mechanisms fail, are delayed, or are ineffective. The victims deserve justice. The Filipino people deserve truth. Impunity must end.
Atty. Ray Paolo Santiago and Dr. Aurora Corazon A. Parong
Co-Chairpersons
Philippine Coalition for the International Criminal Court (PCICC)