How can ICC arrest Bato? Lawyers break it down

Following the revelation that the International Criminal Court (ICC) has issued a warrant of arrest against Sen. Ronald “Bato” Dela Rosa, questions have been raised regarding how he will be arrested.

- 

In a radio interview, Ombudsman Jesus Crispin “Boying” Remulla said that a warrant of arrest has already been issued against Dela Rosa by the ICC in connection with the war on drugs during the administration of detained former president Rodrigo Duterte.

However, the Department of Foreign Affairs and the Philippine Embassy in The Hague, Netherlands, said that they have yet to be notified of a warrant. The Department of Justice also said that it has yet to “verify the information.”

HANDOVER, NOT EXTRADITION

Should Dela Rosa be arrested, it would be considered a surrender to the tribunal’s jurisdiction, not extradition, according to ICC Assistant to Counsel Kristina Conti.

Conti clarified the distinction, emphasizing that the ICC warrant is an international warrant, not a foreign warrant issued by another country.

“Ang extradition ay usapin sa pagitan ng mga bansa. Hindi bansa ang ICC,” Conti said in a Facebook post.

(Extradition is a matter between countries. The ICC is not a country.)

“Ang extradition process ay angkop para sa mga foreign warrant of arrest, na technically ay walang bisa sa ibayong bansa. Kaya kinakailangang magkaroon ng lokal na proseso, at mag-issue ang isang korteng Pilipino ng warrant na katapat o katuwang ng foreign warrant,” she added.

(The extradition process is appropriate for foreign warrants of arrest, which technically have no effect in another country. That is why a local process is required, and a Philippine court must issue a warrant equivalent or corresponding to the foreign warrant.)