The International Criminal Court’s (ICC) decision affirming its jurisdiction over the crimes against humanity case involving former President Rodrigo Duterte opens the door for possible arrests of his associates allegedly linked to extrajudicial killings during his administration’s anti-drug campaign, according to ICC-registered Assistant Counsel Kristina Conti.
Among those she mentioned was Senator Ronald “Bato” dela Rosa, who served as chief of the Philippine National Police (PNP) during Duterte’s “Oplan Tokhang.”
“Well, this is an all-clear signal to continue with determination of who are the other co-participators of Duterte. Well, generally the ICC has an idea, but I would guess this green light the application for additional warrants,” Conti said.
“With this decision, we know what the resolution will be, that the ICC will affirm jurisdiction. So if anyone is arrested, including Senator Bato dela Rosa, whom we have long sought after as one of the co-perpetrators, I would say it’s best to get things over and done,” she added.
The ICC rejected Duterte’s challenge to its jurisdiction, reaffirming its authority to investigate crimes committed in the Philippines between November 1, 2011, and March 16, 2019 — the period before the country’s withdrawal from the Rome Statute took effect.
Conti explained that the ICC Prosecutor now has a solid legal basis to move forward, supported by established facts affirming the Court’s jurisdiction, which could lead to applications for additional arrest warrants.
She also urged dela Rosa to submit himself to the ICC’s jurisdiction and challenge the case based on its merits rather than procedural grounds.
While Duterte’s allies may still contest the ICC’s jurisdiction, Conti said the latest ruling should already give them a “clear inkling” of the Court’s position.
“And the new accused will not trace other facts or contrary facts. I would say they would have to raise new arguments,” she noted. “Moving forward, I would be more, I would be welcome to look at whatever jurisdiction challenge future arrestees would mount, considering it will be the same fact and the same law to be considered.”
Following the rejection of Duterte’s jurisdictional challenge, the only pending petition from his camp before the ICC is a request to suspend all legal proceedings, arguing that the former president is allegedly unfit to stand trial.