By Dean Aubrey Caratiquet
After the International Criminal Court (ICC) itself confirmed and welcomed the unsealing of the arrest warrant issued by the tribunal against Senator Ronald “Bato” dela Rosa, talks about the country’s earlier withdrawal from the ICC reignited discussions about relevant legislation that addresses this conundrum.
This is where the Republic Act No. 9851 comes into play. Also known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” this policy outlines the country’s comprehensive response on various inhumane acts committed within its borders while exercising amity with all nations.
Senator dela Rosa’s warrant was issued by the high court, citing his role as an indirect co-conspirator in the war on drugs campaign under former President Rodrigo Duterte, which was widespread with extrajudicial killings (EJKs) and vigilante-style executions committed by some police officers.
Since the country ended its ties with ICC on March 17, 2019, the focus shifted from honoring the tribunal’s jurisdiction to recognizing R.A. 9851 as the legally binding regulation that outlines interventions for inhumane deeds committed by an individual or a group of people, especially concerning those in power.
Senator dela Rosa’s involvement in various atrocities under his tenure as the Davao City police chief, and his stint as PNP’s top official falls under the scope of Section 6 of R.A. 9851, which categorically places willful killing, unlawful imprisonment, enforced or involuntary disappearance of persons, and other inhumane acts as grounds for imprisonment and fines reaching up to P1 million—even without the intervention of another court or international tribunal.
However, this provides a point of contention since the ICC made it clear in its documents that its jurisdiction period, which ranged between November 1, 2011 to March 16, 2019, shall cover all crimes against humanity cases that were committed even in the years before Duterte’s rise in power and Senator dela Rosa’s rise up the ranks of police officials.
In response to this, Malacañang reiterated that while it honors this jurisdiction period set forth by the international court, the government remains firm in its stance that ICC can no longer wield its power and interfere with any unwanted developments in the Philippines.
Thus, this means that while any branch of the government can keep its hands off such delicate cases, Section 17 of R.A. 9851 states that authorities may consider the surrender or extradition of suspected or accused persons in accordance with any applicable laws and treaties.
The law said, “In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”
In a nutshell, this means that unless the Philippines decides to rejoin the roster of countries that abide by ICC’s jurisdiction, R.A. 9851 shall cover all present and future cases of crimes against humanity, genocide, and crimes against international humanitarian law.
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