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Dela Rosa calls for gov’t options in case of ICC arrest warrants

Metro Manila, Philippines – Senator Ronald “Bato” dela Rosa has called on the Senate to examine the government’s options should the International Criminal Court issue arrest warrants related to its drug war probe.

Dela Rosa, who is under investigation for his role in implementing the violent campaign as former President Rodrigo Duterte’s first national police chief, brought the issue to the Senate floor on Monday.

Dela Rosa expressed concern over statements by Justice Secretary Crispin Remulla and Solicitor General Menardo Guevarra, which he believed contradicted President Ferdinand Marcos Jr.’s position of not recognizing the ICC jurisdiction.

Remulla had said the government would not obstruct the service of an arrest warrant by the International Criminal Police Organization (Interpol). Similarly, Guevarra mentioned that the government could not prevent the ICC prosecutor from continuing its investigation.

However, in an interview with NewsWatch Plus, Guevarra clarified that the government would simply remain passive regarding any potential warrant, in line with its policy of non-cooperation.

“The pronouncements of those two executive officials are quite alarming. The Secretary of Justice is one of the many alter egos of the president, and the solicitor general is the lawyer of the government. Are they challenging the policy set by the president?” Dela Rosa said.

He said only the country’s courts can issue arrest warrants under the Constitution.

Philippine law enforcement officials who carry out an ICC arrest warrant could face legal consequences, Dela Rosa said, citing an earlier statement from Duterte’s former presidential spokesperson and lawyer Harry Roque.

Allowing the ICC to operate in the country could also expose government officials to charges of graft and constitutional violations, said Roque.

“Madalas niyo po marinig mula sa akin na hindi po ako abogado o law expert. Kung kaya’t buong pagkukumbaba kong ibinubukas sa kapulungang ito ang mga isyung nabanggit,” Dela Rosa said.

[You always hear me say I am not a lawyer or law expert. So I humbly lay before this chamber the issues I mentioned.]

“This is not merely an issue of the ICC against Former President Duterte. This is, in fact, a looming constitutional crisis. Atin bang tatanganan na mahigpit ang ating soberanya? O hahayaan na lamang natin itong dumulas mula sa ating mga kamay? [Will we hold fast to our sovereignty? Or will we just let it slip from our hands?]” he added.

He also asked his colleagues if the Philippines should pass a law similar to the US’ American Service-Members Protection Act, which prohibits its agencies and entities from cooperating with the ICC.

“Where do you stand in protecting our citizens? Would you be willing to enact a Philippine version of the American Service-Members Protection Act to protect our citizens and our national sovereignty against those encroaching international bodies?” Dela Rosa said.

He maintained that he and Duterte are not afraid of prosecution but that they would only face Philippine courts. They have repeatedly denied state-sanctioned extra-judicial killings in the drug war.

NewsWatch Plus Senior Correspondent Eimor Santos contributed to this report.