‘No need for extradition process in ICC arrest’

MANILA, Philippines — Individuals arrested through a warrant issued by the International Criminal Court (ICC) no longer have to go through an extradition process as the government can simply surrender them to the international tribunal, according to one of the lawyers representing drug war victims.

Kristina Conti, an ICC-accredited assistant to counsel, said the process of transferring the custody of a person who is the subject of an ICC warrant is “surrender and not extradition.”

She issued the statement after Ombudsman Jesus Crispin Remulla announced that the ICC had issued an arrest warrant against Sen. Ronald “Bato” dela Rosa.

Although the issuance of the warrant has yet to be confirmed, several officials, including Executive Secretary Lucas Bersamin, said Dela Rosa will not be immediately turned over to the ICC after possible arrest due to the recent Supreme Court ruling on extradition.

But Conti noted that extradition involves two countries and does not cover ICC.

“The extradition process applies to foreign warrants of arrest, which technically have no effect in another country. Hence, a local process is required, where a Philippine court issues a warrant equivalent to or corresponding with the foreign warrant,” she said in Filipino.

“Surrender, on the other hand, is a form of cooperation with the ICC, an international court, by both member and even non-member states,” she added.

While the Philippines is no longer a signatory to the Rome Statute, the treaty that established the ICC, Conti maintained that the government still has obligations to the court, in particular to the ongoing proceedings involving matters that happened while the country was a member of the international tribunal.

“According to the ICC’s decision on the jurisdiction challenge raised by (former president Rodrigo) Duterte, the Court retains its authority to investigate the Philippines and Duterte’s case. We are still required to cooperate,” Conti said.

“There is no immunity granted to any individual recognized by the ICC. Even a president can be issued an arrest warrant by the Court. Therefore, Senator Bato dela Rosa cannot claim that he is exempt from arrest simply because he is a senator,” she added.

Conti said the Senate should not protect Dela Rosa given the gravity of the allegations against him.

Senate President Vicente Sotto III said arrests cannot be made within the Senate’s premises, but anything that happens outside the building is beyond their control.

Conti urged Dela Rosa to voluntarily participate or submit himself to the jurisdiction of the ICC.

“He can appear before the ongoing investigation of the ICC Office of the Prosecutor to clarify his role in the ‘war on drugs,’” she said.

Arrest Bato

For some of the victims of the drug war, the government should immediately arrest Dela Rosa once the warrant of arrest from ICC is confirmed.

“Bato is a true-blue DDS–Diehard Duterte Supporter and Davao Death Squad model implementer. He is clearly a co-perpetrator in the commission of crimes against humanity,” said Rubylin Litao, national coordinator of the Rise Up for Life and for Rights coalition.

The group urged the Senate not to block Dela Rosa’s arrest.

“The Senate cannot be the refuge of criminals and rights violators, mass murderers and the corrupt alike,” it said.