MANILA – The international obligations of the Philippine government should be protected, says a group of families of the victims of drug-related extrajudicial killings, demanding the Senate to surrender Senator Ronald “Bato” Dela Rosa to the International Criminal Court (ICC).
The ICC confirms on Monday, May 11, the issuance of a secret arrest warrant to Dela Rosa, an incumbent senator, for his alleged criminal responsibility as an indirect co-perpetrator of former president Rodrigo Duterte’s crimes against humanity of murder. Dela Rosa was the chief of the Philippine National Police (PNP) and implemented Duterte’s so-called war on driugs under his administration.
“The Senate should respect the Philippine government’s international obligations and allow the arrest of and surrender Bato dela Rosa to the ICC. Do not protect Duterte’s co-perpetrator in the commission of crimes against humanity,” Deaconess Rubylin G. Litao, Coordinator of Rise Up for Life and for Rights said.
Under the Article 27 of the Rome Statute, immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the ICC from exercising its jurisdiction over such a person — may it be a head of state, a member of a government or parliament, an elected representative or government official. There is no guaranteed immunities that can exempt them from criminal responsibility under the Statute. It is previously ruled by the ICC Appeals Chamber that they have jurisdiction over crimes that transpired prior to the withdrawal of the Philippines to the Statute.
Read: Duterte defeated twice on ICC jurisdiction challenge
The arrest warrant was issued by the ICC Pre-Trial Chamber III on November 6, 2025, citing Dela Rosa’s contributions in enforcing the killings in his capacity as the Davao City Police Office (DCPO) chief and later as chief of the PNP.
“Indeed, the material before the Chamber shows that his contributions to the common plan furthered the widespread and systematic attack directed against all persons designated as involved in criminal activities, especially drug-related ones, and, based on his own public statements, that he intended his actions to be part of the alleged attack against the civilian population,” the Chamber wrote.
Read: How Sen. Bato Dela Rosa transformed Duterte’s ‘war on drugs’ rhetoric into a national policy
The Chamber finds that there are reasonable grounds to believe that Dela Rosa acted with intent and knowledge that the crimes have been committed under the Article 30 of the Rome Statute.
“Like Duterte, Bato deserves to be imprisoned and held accountable. He played a major role in implementing Duterte’s bloody war on drugs,” said Llore Pasco, a member of Rise Up for Life and for Rights whose two sons were killed at the height of Durtet’s war on drugs campaign.
Read: Bato not immune from ICC arrest
The Chamber also added that Dela Rosa’s city-level and national leadership positions, together with his co-perpetrators, enabled them to control the criminal acts carried out by the direct perpetrators.
“He was responsible for the command and direction of the whole PNP, including the utilisation of the PNP and its units and personnel,” the Chamber noted. “He also had the power to impose disciplinary sanctions and bore command responsibility for his subordinates.”
The Chamber specifies the contributions of Dela Rosa in the enforcement of the brutal campaign:
- Using his position as DCPO Chief to enable the killings of the Davao Death Squad in their city, later implemented nationally;
- Making public statements authorizing, condoning, and promoting the killings of criminals;
- Promulgating the “Project Double Barrel”, setting out the PNP anti-illegal drugs campaign plan;
- Enabling killings through his power as the PNP chief;
- Appointing key personnel to strategic police positions to execute the common plan;
- Transferring police perpetrators from the Davao region to use them in priority region in the implementation of nationwide “Tokhang”;
- Encouraging police to legitimize killings through self-defense (“nanlaban”) narratives and promising impunity;
- Ordering the police to kill specific targets and planning killing operations; and
- Expressing approval and rewarding perpetrators for the killings.
Meanwhile, Dela Rosa has sought for the Supreme Court’s protection in an urgent manifestation he filed with the high court’s En Banc by issuing a temporary protection order or injunction to block any arrest, detention, or rendition of the ICC or Interpol, without a local judicial warrant.
“We have long awaited the reunion of Duterte and Bato in an ICC cell. We expect more arrests and imprisonments to follow. Their days of fun are over,” the mothers of Rise Up for Life and for Rights collectively said.
Dela Rosa was also placed in a “protective custody” through a motion filed by his fellow lawmaker, Senator Rodante Marcoleta, in an attempt to block possible arrest in connection with the ICC’s warrant.
For the Duterte Panagutin Campaign Network – Netherlands, this move is a form of “political accommodation”, condemning the actions of the Senate. They emphasized that the protective custody granted to Dela Rosa only strengthens the importance of ICC’s investigation and prosecution.
“This blatant act of political accommodation demonstrates how institutions meant to uphold justice are instead being used to protect powerful figures implicated in grave crimes,” the group said. “The fact that government institutions are used to shield individuals like Bato means that democratic institutions in the country can be bent to protect the interests of those in power.”
International human rights organization Amnesty International Philippines also noted that Dela Rosa should answer for his alleged crimes in The Hague. “Dela Rosa’s current position as Senator should not shield him from facing charges at the ICC. It is imperative that regardless of politics, the process of justice prevails.”
Both the ICC prosecution and the Chamber believes that there is no reasonable expectation for Dela Rosa to cooperate, noting his threats against the Prosecution’s investigator and cooperative individuals, as well as his role in fueling disinformation campaigns in the country.
“Given the risk of interference with the investigations and the security of witnesses and victims, the Chamber is satisfied that the arrest of Mr Dela Rosa is necessary within the meaning of article 58(1)(b)(i) and (ii) of the Statute to ensure his appearance before the Court and that he does not obstruct or endanger the investigation and/or the court proceedings,” the Chamber added.
Read: ICC identifies Duterte’s co-perpetrators in ‘drug war’
Among the co-perpetrators identified by the ICC are Senator Christopher “Bong” Go, former justice secretary Vitaliano Aguirre II, Vicente Danao, Camilo Cascolan (deceased), Oscar Albayalde and Isidro Lapeña. But no public arrest warrants have been issued to them yet. (AMU, DAA)
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