CRIMINAL Investigation and Detection Group

THE CRIMINAL Investigation and Detection Group officially withdrew its subpoena for Senator Ronald “Bato” dela Rosa, citing “respect” for the Senate’s decision to place the lawmaker under protective custody.

PNP spokesperson B/Gen. Randulf Tuaño confirmed to national media on Wednesday that the letter of recall was received by Dela Rosa’s staff on the morning of May 13.

The move comes as the Senator remains ensconced within the Senate halls to avoid an International Criminal Court (ICC) arrest warrant unsealed on May 11, which alleges his responsibility for crimes against humanity during the Duterte administration’s war on drugs.

Meanwhile, Palace press officer Undersecretary Claire Castro said that President Ferdinand Marcos Jr. remains committed to upholding the law, even as Dela Rosa makes emotional appeals for presidential protection.

Responding to the Palace, an emotional Dela Rosa told national media:

“Usec. Claire, please don’t be mad at me; I am not fooling you. I am grateful for what you said earlier—that this government is willing to give me all my rights and allow me to avail of legal remedies. Thank you, Auntie Claire”.

However, the Department of Justice clarified that domestic law provides a clear path for cooperation with international tribunals.

DOJ Spokesperson Atty. Polo Martinez noted that under Republic Act 9851, the Philippines may legally surrender individuals to international courts.

“The DOJ maintains the same position,” Martinez said, adding that extradition remains a viable legal mechanism regardless of the Philippines’ 2019 withdrawal from the Rome Statute.

The withdrawal of the subpoena adds a new layer to the standoff between the Senate and the National Bureau of Investigation (NBI). While the ICC relies on national governments to enforce its warrants, the PNP has stated it will only act on “lawful orders” from Philippine courts.

The NBI is currently consulting with the DOJ to determine if the ICC warrant can be implemented without a corresponding local court order, a move that Vice President Sara Duterte has already condemned as a breach of national sovereignty.

In a GMA News Online report, it said the International Criminal Court (ICC) admitted to relying on national governments to enforce its arrest warrants and surrender suspects to the tribunal.

An official of the ICC made the remarks after agents of the National Bureau of Investigation (NBI) on Tuesday attempted to serve the ICC’s arrest warrant against Dela Rosa.

Asked what would happen if dela Rosa refused to cooperate, ICC spokesperson Oriane Maillet said enforcement of the arrest warrant depends on state authorities.

“The ICC, as a judicial institution, relies on States cooperation to implement its arrest warrants. Hence, it is now for the national authorities to arrest and surrender the suspect to the Court,” Maillet said in an interview with GMA News Online.

“When States have concerns in cooperating with the Court, they may consult the Court in a timely and efficient manner. As Article 119 of the Statute stipulates, ‘any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court,’” Maillet said.

Asked if this is still the case for the Philippines, which withdrew its ICC membership in 2019, Maillet explained that under Article 127 of the Rome Statute, a state’s withdrawal does not release it from its obligations that arose while it was still a party to the Rome Statute.

“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective,” she said.

Maillet added that in general cases of non-cooperation, “ICC judges may issue a formal court decision stating that a State Party did not respect its obligations under the Rome Statute, and inform the Assembly of States Parties of it.”

“It is then for the Assembly to take any measure it deems appropriate,” she said.

Earlier, the ICC confirmed the issuance of an arrest warrant against dela Rosa that was previously under seal before it was publicly disclosed.

Dela Rosa was then the chief of the Philippine National Police (PNP) at the height of Duterte’s war on illegal drugs, which is now under scrutiny by the ICC.

In a press release, the ICC said its Pre-Trial Chamber I assessed the materials submitted by the prosecution and found “reasonable grounds to believe that Mr. Dela Rosa is allegedly criminally responsible as an indirect co-perpetrator (pursuant to article 25(3)(a) of the Rome Statute) for the crime against humanity of murder.”

“Mr. Dela Rosa is alleged to have been involved in a common plan that lasted from approximately 1 November 2011 until 16 March 2019 to kill alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production),” the ICC said.