MANILA (May 14) — The Department of Justice (DOJ) said Wednesday that it is legally possible for the Philippine government to surrender Senator Ronald dela Rosa to the International Criminal Court (ICC), as legal tensions escalate over renewed enforcement moves tied to the Duterte drug war case.
DOJ spokesperson Polo Martinez said the government maintains its position under Republic Act 9851, which allows the surrender of persons to an international court or tribunal in certain circumstances.
“Same position. Under RA 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal,” Martinez said at a press briefing on May 13, 2026.
He added that extradition remains another legal pathway, though it would require court proceedings before any transfer could take place.
The statement comes as the ICC moves to enforce an arrest warrant against dela Rosa, who has been identified by prosecutors as a co-perpetrator of former president Rodrigo Duterte in alleged crimes against humanity linked to the previous administration’s anti-drug campaign.
Senate standoff after failed arrest attempt
Tensions rose earlier this week after agents of the National Bureau of Investigation tried to arrest dela Rosa on May 11 following his return to the Senate after a six-month absence.
The attempt failed after the senator took refuge in the chamber and was later placed under Senate protective custody while pursuing legal remedies.
His legal team has asked the Supreme Court of the Philippines to issue a temporary restraining order blocking enforcement of the ICC warrant.
Legal gray zone deepens
The DOJ said it is awaiting the Supreme Court’s ruling on the broader legal questions surrounding Philippine cooperation with the ICC, despite the country’s withdrawal from the Rome Statute in 2019 under Duterte.
The case has reignited debate over how far domestic law allows cooperation with international tribunals, especially as the ICC steps up efforts to pursue senior figures linked to the drug war.
Legal observers say the unfolding confrontation between the judiciary, law enforcement, and political actors could become a defining test of the country’s post-withdrawal stance on international justice.
For now, dela Rosa remains under Senate custody protection, but with the DOJ signaling that surrender is legally possible, the standoff over the ICC warrant is set to intensify.
