The Supreme Court of the Philippines rejected on Wednesday Senator Ronald Dela Rosa’s request to bar authorities from executing the International Criminal Court’s (ICC) arrest warrant against him.
By a 9-5-1 majority, the court denied Dela Rosa’s request for a preliminary injunction, barring law enforcement from arresting him based solely on the ICC warrant without authorization from a domestic court. The court reserved its reasons until May 25th. Law enforcement may arrest Dela Rosa now, but his whereabouts remain unknown after May 13 shoot-out in the state Senate. The government is investigate whether the shooting was staged to facilitate his escape.
Dela Rosa’s lawyer maintains that the ICC does not have jurisdiction to issue the arrest warrant since the country officially withdrew from the ICC in 2019. Former President Rodrigo Duterte had previously tried to make the same claim before the ICC but failed.
Dela Rosa was the former police chief who oversaw the work of former President Rodrigo Duterte Anti-drug campaign. He is wanted for alleged crimes against humanity stemming from his role in the campaign that left over 12,000 Filipinos dead. According to Human Rights Watch, at least 2,555 of these killings were attributed to the Philippine National Police (PNP).
The ICC Pre-Trial Chamber accepted that there were reasonable grounds to believe that an attack on civilians had taken place, after citing 14 incidents as examples of the ICC’s alleged conduct Davao Death Squad (DDS) members and later law enforcement personnel. The Chamber also found reasonable grounds to believe that Dela Rosa made “significant contributions” to the alleged crime against humanity of murder, set out in Article 7(1)(a) of the Law Roman Statute. These contributions include using his position as boss to facilitate and order killings; make public statements in support of the killings; provision of personnel and weapons; Rewarding the Murders; encouraging police to legitimize their killings through false self-defense scenarios; and promises impunity.
Amnesty International recently emphasized the responsibility of President Marcos to ensure the arrest of Dela Rosa. Ritz Lee Santos III, Executive Director of Amnesty International Philippines, discusses the broader implications, stating:
Dela Rosa played a key role in former President Duterte’s “war on drugs,” is a clear flight risk and appears intent on evading responsibility. The place where Dela Rosa can appeal his case is in The Hague, in an impartial and independent judicial process. Political authority must not place anyone above the law. In the interests of justice for victims, survivors and their families, those accused of serious crimes must be held accountable, no matter how long it takes.
The allegations are similar to those against Duterte, who was arrested in March 2025. The UN has documented the “staggering number of unlawful deaths and killings by police” during his time in office and called for all those involved to be held accountable.
