An arrest warrant from the International Criminal Court (ICC) is enforceable in the country, according to a lawyer accredited by the global tribunal.
In an exclusive interview with Manila Standard on Wednesday, ICC-accredited lawyer Gilbert Andres stated that the enforcement of an ICC arrest warrant has legal basis in local law.
“An ICC arrest warrant is enforceable in the Philippines in accordance with Republic Act No. 9851 or the International Humanitarian Law Act, Section 17 of which provides, in part, that ‘the authorities may surrender … suspected or accused persons in the Philippines to the appropriate international court, if any’,” he cited.
He added that the law does not require implementing rules and regulations (IRR) since it does not provide for their drafting.
Andres, who is also the Executive Director of the Center for International Law (CenterLaw), explained that Senator Ronald Dela Rosa cannot invoke the Rome Statute since former President Rodrigo Duterte withdrew from the ICC.
“Since Mr. Rodrigo Duterte withdrew from the ICC Rome Statute, despite the absence of Senate concurrence, then Articles 88, 89, and 59 of the Rome Statute have no legal effect as Philippine domestic law, and cannot be invoked by Sen. Bato Dela Rosa in the Philippine domestic context,” he noted.
He cited the consolidated cases of Pangilinan v. Cayetano, Philippine Coalition for the ICC v. Office of the Executive Secretary, and IBP v. Office of the Executive Secretary, in which the Supreme Court dismissed these petitions as moot and academic, given that the ICC already issued a statement on the Philippine withdrawal.
“If the SC will be consistent with its jurisprudence, the petitions of Mr. Duterte should also be dismissed as being moot and academic, since the ICC already has custody over him,” said Andres.
Meanwhile, he is urging the senator to voluntarily surrender to the ICC if an arrest warrant has been issued, recalling that Dela Rosa said he is ready to face the court.
