A Facebook post is claiming that warrants from the International Criminal Court cannot be enforced in the Philippines according to a recent decision from the Supreme Court. This is false.
On May 12, an FB account published a photo of the SC and the ICC headquarters with the following caption:
“GUMAGANA PA ANG BATAS NG PILIPINAS (PHILIPPINE LAW IS STILL WORKING)
FYI: The recent decision by the Philippine Supreme Court confirms that ICC warrants cannot be enforced in the Philippines. Without initiating legal proceedings in Philippine courts, the ICC warrant is not enforceable.
The Court also stated that the individual subject to the warrant has the right to pursue legal remedies available under Philippine law before any enforcement actions can be taken.”
There is no recent decision from the SC invalidating the enforcement of arrest warrants from the ICC. Under Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, the Philippines is authorized to surrender accused suspects to an international tribunal such as the ICC once a warrant is issued.
Surrender, not extradition
Section 17 of the law states that “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.”
“Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties,” the provision states.
Extradition, the rules of which the SC approved in November 2025, requires local judicial proceedings before an individual facing foreign investigation or enforcement is transferred to another country. However, ICC-accredited assistant to counsel Kristina Conti explained this is not applicable to an ICC arrest because extradition involves two countries, which the international court is not.
The post surfaced after the ICC confirmed on May 11 that it has issued a warrant of arrest against Sen. Bato Dela Rosa over his alleged criminal responsibility as an “indirect co-perpetrator” in the killings during the anti-illegal drugs campaign in the Philippines. His camp filed a petition before the SC seeking to stop the looming implementation of the warrant.
Published by FB account Laban Para Sa Pilipinas (created Sept. 29, 2024), the post has so far garnered 1,100 reactions; 218 comments; and 231 shares.
