The International Criminal Court (ICC) has underscored that the enforcement of arrest warrants and the surrender of suspects to the tribunal depend on the cooperation of the Philippine government. This statement comes after ICC spokesperson Oriane Maillet confirmed that an arrest warrant has been issued against Senator Ronald “Bato” dela Rosa, who is considered a “co-perpetrator” with former President Rodrigo Duterte in crimes against humanity related to the “war on drugs.”
Failed Arrest Attempt
The ICC official made the remarks following a chase and failed arrest attempt by agents of the National Bureau of Investigation (NBI) against the senator within the Senate premises on Monday, May 11, 2026. According to Maillet, because the ICC is a judicial institution anchored on state cooperation, the arrest and surrender of suspects rest with national authorities.
Consultation Mechanism
Maillet clarified that if a state has concerns about cooperation, it may consult with the court in accordance with the Rome Statute. The ICC official added that even though the Philippines withdrew from the court in 2019, this does not affect its duty to cooperate in criminal investigations and prosecutions, based on Article 127 of the Rome Statute.
