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Advocates Philippines
Old Law Comes Back To Haunt Senators In ICC Debate Over Bato
Photo credit: Senate PH
A decades-old law on crimes against humanity is now being dragged back into the spotlight as questions continue to swirl around the possible surrender of Senator Ronald dela Rosa to the International Criminal Court.
At the center of the discussion is Republic Act No. 9851, a law passed during the 14th Congress that deals with crimes against international humanitarian law, genocide, and crimes against humanity. Ironically, some of the senators now voicing concerns over ICC jurisdiction were among those who helped craft and pass the measure years ago.
Among the principal authors of the law were Senator Francis Escudero, Senator Jinggoy Estrada, and Senator Juan Miguel Zubiri. Also serving in the Senate at the time were Alan Peter Cayetano, Pia Cayetano, and Loren Legarda.
Legal observers revisiting the law point particularly to Section 17 of R.A. No. 9851, which states that Philippine authorities may choose not to pursue local investigation or prosecution if an international tribunal is already handling the case. The same provision also allows authorities to surrender or extradite a suspect to an international court or another state, depending on applicable laws and treaties.
The issue has reignited debate over whether the Philippines can legally cooperate with the ICC despite its withdrawal from the Rome Statute in 2019.
Supporters of the “surrender” argument claim the law itself already recognized the possibility of handing over suspects to an international tribunal such as the ICC. They also argue that surrender is legally distinct from extradition, stressing that extradition typically applies between sovereign states under formal treaties, while the ICC is an international court and not a state.
Some legal experts further argue that because the ICC is not a state, extradition laws may not necessarily apply in the same way. Instead, they point to the surrender provision under R.A. No. 9851 as the more relevant legal mechanism.
Others, however, continue to question whether a foreign or international warrant can be enforced in the Philippines without approval from a local court. Critics insist that the Constitution requires warrants of arrest to be issued by Philippine judges upon a finding of probable cause.
But proponents of ICC cooperation counter that Congress itself, when it passed R.A. No. 9851, effectively accepted certain limitations on Philippine sovereignty through adherence to international law and agreements. They argue that lawmakers who approved the measure were fully aware of constitutional safeguards at the time.
The renewed debate has become even more politically charged because some personalities now defending Dela Rosa were among those involved in crafting the very law being cited to justify possible ICC action.
Dela Rosa, a former Philippine National Police chief and key figure in former President Rodrigo Duterte’s anti-drug campaign, has repeatedly denied wrongdoing amid the ICC investigation into alleged crimes against humanity linked to the drug war.
As discussions intensify, supporters and critics alike continue to trade legal arguments over whether Philippine law ultimately allows the government to cooperate with the ICC if arrest warrants are issued against former officials.
At the center of the discussion is Republic Act No. 9851, a law passed during the 14th Congress that deals with crimes against international humanitarian law, genocide, and crimes against humanity. Ironically, some of the senators now voicing concerns over ICC jurisdiction were among those who helped craft and pass the measure years ago.
Among the principal authors of the law were Senator Francis Escudero, Senator Jinggoy Estrada, and Senator Juan Miguel Zubiri. Also serving in the Senate at the time were Alan Peter Cayetano, Pia Cayetano, and Loren Legarda.
Legal observers revisiting the law point particularly to Section 17 of R.A. No. 9851, which states that Philippine authorities may choose not to pursue local investigation or prosecution if an international tribunal is already handling the case. The same provision also allows authorities to surrender or extradite a suspect to an international court or another state, depending on applicable laws and treaties.
The issue has reignited debate over whether the Philippines can legally cooperate with the ICC despite its withdrawal from the Rome Statute in 2019.
Supporters of the “surrender” argument claim the law itself already recognized the possibility of handing over suspects to an international tribunal such as the ICC. They also argue that surrender is legally distinct from extradition, stressing that extradition typically applies between sovereign states under formal treaties, while the ICC is an international court and not a state.
Some legal experts further argue that because the ICC is not a state, extradition laws may not necessarily apply in the same way. Instead, they point to the surrender provision under R.A. No. 9851 as the more relevant legal mechanism.
Others, however, continue to question whether a foreign or international warrant can be enforced in the Philippines without approval from a local court. Critics insist that the Constitution requires warrants of arrest to be issued by Philippine judges upon a finding of probable cause.
But proponents of ICC cooperation counter that Congress itself, when it passed R.A. No. 9851, effectively accepted certain limitations on Philippine sovereignty through adherence to international law and agreements. They argue that lawmakers who approved the measure were fully aware of constitutional safeguards at the time.
The renewed debate has become even more politically charged because some personalities now defending Dela Rosa were among those involved in crafting the very law being cited to justify possible ICC action.
Dela Rosa, a former Philippine National Police chief and key figure in former President Rodrigo Duterte’s anti-drug campaign, has repeatedly denied wrongdoing amid the ICC investigation into alleged crimes against humanity linked to the drug war.
As discussions intensify, supporters and critics alike continue to trade legal arguments over whether Philippine law ultimately allows the government to cooperate with the ICC if arrest warrants are issued against former officials.
May 13, 2026
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