Carpio says Philippine courts unnecessary for ICC arrest warrant for Bato dela Rosa

Philippine courts are no longer needed for the service of the warrant of arrest that the International Criminal Court issued for Sen. Ronald "Bato" Dela Rosa, who is facing charges as a co-conspirator of former President Rodrigo Duterte in the crimes against humanity of murder raps now before the tribunal.

Retired Senior Associate Justice Antonio Carpio said when asked on Super Radyo dzBB about Dela Rosa's lawyers' position that the intervention of the local courts is needed to make the ICC warrant valid under Philippine laws.

“'Yung local courts hindi na kailangan because this is a crime against humanity, and sa Saligang Batas natin nakalagay doon, we adapt the general accepted principles of international law kasama na yung for crimes against humanity,” Carpio said.

(We do not need local courts because this is a crime against humanity, and in our Constitution, it states that we adopt the generally accepted principles of international law, which include crimes against humanity.)

“Any country can assume jurisdiction because this is a crime against the entire humanity,” he added.

On May 13, the Supreme Court denied Dela Rosa’s request for a temporary restraining order (TRO) and/or a status quo ante order that sought to prevent authorities from enforcing the ICC warrant and carrying out his possible arrest.

'Go ahead and arrest'

According to Carpio, the SC's non-issuance of a TRO meant that the ICC arrest warrant is valid.

“Ngayon klaro na, walang TRO, that means sinasabi ng Supreme Court ‘go ahead and arrest,’” Carpio said.

(Now it is clear, no TRO, that’s the Supreme Court saying ‘go ahead and arrest.’)

Regarding Dela Rosa's insistence on facing Philippine courts, Carpio said, “Republic Act 9851, nakalagay doon may option ang government, the President, whether to surrender you or to prosecute you here."

"So sang-ayon sa batas ’yan, hindi niya puwedeng sabihin na dito lang ako puwedeng i-prosecute sa Pilipinas; hindi pwede abroad,” Carpio said.

“E may batas tayo e that the option is with the president dahil trying against humanity, general jurisdiction ito,” he added.

(Under Republic Act No. 9851, it states that the government, the president, has the option whether to surrender or prosecute here. This is according to the law. He cannot say that he can only be prosecuted in the Philippines and not abroad. We have a law stating that the option is with the president because trying against humanity is a general jurisdiction.)

Amid narratives labeling the ICC as a foreign court, Carpio said, "Hindi naman foreign court ang ICC kasi hindi naman state e (ICC is not a foreign court because it is not a state). That is an international tribunal created by treaty."

A foreign court required extradition, while an international tribunal does not because it is not a state-to-state treaty, he added.

Dela Rosa is the subject of an ICC arrest warrant in connection with allegations of crimes against humanity linked to the Duterte administration’s anti-illegal drug campaign. –NB, GMA News