“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.”

MANILA – The international obligations of the Philippine government should be protected.

A group of families of the victims of drug-related extrajudicial killings stressed this point as they demanded that the Senate surrender Sen. Ronald “Bato” Dela Rosa to the International Criminal Court (ICC).

The ICC confirmed on May 11 the issuance of a secret arrest warrant to Dela Rosa 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.

“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,” said Deaconess Rubylin Litao, coordinator of Rise Up for Life and for Rights.

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 ICC Pre Trial Chamber III issued the arrest warrant 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 found reasonable grounds to believe that Dela Rosa acted with intent and knowledge that the crimes have been committed under 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 said 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 detailed how Ronald dela Rosa allegedly played a central role in enforcing the Duterte administration’s bloody anti-drug campaign. According to the findings, Dela Rosa used his position as Davao City police chief to enable the operations of the so-called Davao Death Squad, a pattern of killings later replicated nationwide. The Chamber also cited his public statements allegedly authorizing and promoting the killing of suspected criminals, as well as his role in crafting “Project Double Barrel,” the Philippine National Police’s anti-drug campaign blueprint.

As PNP chief, Dela Rosa allegedly enabled the continuation of the killings through his command authority, appointed key officials to carry out the campaign, and transferred police personnel from Davao to priority regions for nationwide “Tokhang” operations. The Chamber further alleged that he encouraged officers to justify killings through the “nanlaban” narrative while assuring them of impunity, ordered operations against specific targets, and openly expressed approval and rewards for officers implicated in the killings.

Dela Rosa petitioned the Supreme Court to issue 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 put in the Senate’s “protective custody” through a motion filed by Sen. Rodante Marcoleta 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.” They stressed 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.”

Amnesty International Philippines said 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.”

The ICC prosecution and the Chamber believe 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 said.

Read: ICC identifies Duterte’s co-perpetrators in ‘drug war’

Among the co-perpetrators identified by the ICC are Sen. 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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