MANILA, Philippines — What happens if the International Criminal Court (ICC) issues a warrant of arrest to Senator Bato dela Rosa? Senate President Francis Escudero ran through the scenarios.
At a press briefing on Wednesday, Escudero was asked if he had spoken to Dela Rosa about developments in the ICC complaint against him. Former senator Antonio Trillanes said he expects the ICC to serve a warrant to drug war proponents.
To recall, Trillanes is one of the petitioners who filed a case against former president Rodrigo Duterte due to the human rights abuses during his administration. Dela Rosa served as the police chief during Duterte’s brutal crackdown on drug dealers who often wound up dead with the police claiming self-defense.
Escudero declined to comment directly on the case, opting intead to discuss potential scenarios. The Senate president that their lawyers are still studying the procedures of the ICC and how their laws could work alongside local policies. Dela Rosa’s lawyers are also likely studying procedures, Escudero said.
For Escudero, recognizing the ICC ruling would mean that the Philippines concedes that local justice systems are not working, which is one of the prerequisites for the ICC to investigate a case in a country.
“Nakahanda ba ako aminin na hindi nagpa-function ang justice system sa ating bansa? Na kinakailangan silang manghimasok at makialam dito?” Escudero said. (Am I ready to concede that the justice system does not work in our country? That they need to enter and meddle?)
Additional processes may be required. While the ICC maintains that it was only investigating abuses during the time that the Philippines was a member of the Rome Statutes the international court was built upon, the matter of whether or not a warrant will be enforced now is different, Escudero noted. Additional processes will likely need to be established here.
“Marahil baka may dagdag pang proseso, yung tinatawag natin na recognition of foreign judgment, na para nga ma-desisyonan nga ng korte kung tama nga ito o legal o hindi. Tapos ang korte natin na lokal ang magi-isyu,” Escudero said. (It is likely that there are additional processes, what we call the recognition of foreign judgment, so that the courts could decide on this, whether it is right or not, if it is legal or not. Then that court will issue it.)
Limits to arrests. Should any warrant be served, however, Escudero said it could not done during a senate session. He used the examples of former senators Juan Ponce Enrile, Leila de Lima and even Trillanes whom their Senate presidents refused to be arrested while a session was ongoing.
The rule was expanded in the case of Trillanes. Authorities then were not allowed to arrest him while he was within Senate facilities, Escudero noted.
In 2018, Trillanes holed up in the Senate for several weeks due to rebellion charges against him after Duterte revoked a presidential amnesty granted to the former lawmaker.
“Pero sa labas pwede na o paglabas pwede na. Pero hindi sinasabing immune siya sa aresto,” Escudero said at a media briefing. (But if it is outside or if they go outside, it is allowed. But we are not saying they are immune to arrest.)
Security mandates. Asked for procedures on the protection of senators, Escudero said the Senate authorized the sergeant at arms to do what they can to protect members of the upper chamber.
The new order, however, was not due to the case of Dela Rosa, Escudero said. This was brought about by threats to senators while probing Philippine Offshore Gaming Operators and Bamban Mayor Alice Guo.
Escudero admitted, however, that there are no clear answers yet on how the actual scenario would play out. The Senate, after all, has no official stance as these developments are yet to be etched on paper.
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