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09 December 2025

Dela Rosa Faces ICC Arrest Rumors Amid Legal Uncertainty

Conflicting claims, legal roadblocks, and political intrigue surround the alleged International Criminal Court warrant for the Philippine senator at the center of Duterte’s drug war.

Senator Ronald "Bato" dela Rosa, once the face of the Philippines’ controversial anti-drug campaign, now finds himself at the center of a swirling legal and political storm. Over the past month, rumors and allegations of an International Criminal Court (ICC) arrest warrant against him have dominated headlines, fueled by statements from former officials, government denials, and the senator’s own conspicuous absence from the public eye.

The drama began anew on December 7, 2025, when former presidential spokesperson Harry Roque took to Facebook with a bold claim: "Sen Bato, your warrant of arrest is out! Don’t allow yourself to be kidnapped!" Roque’s advice was as dramatic as it was public—he urged dela Rosa to chain himself to the Supreme Court, insisting, "Insist that you have the right to be brought before a Philippine Court first." According to Manila Bulletin, Roque, who is currently seeking asylum in Europe, did not provide any documentation or official confirmation to back his assertion. Still, his posts reignited debate and anxiety about the fate of the former police chief and current senator.

The Department of Justice (DOJ), Department of Foreign Affairs (DFA), and Department of the Interior and Local Government (DILG) have all stated that, as of December 8, 2025, they have not received any official communication or warrant from the ICC regarding dela Rosa. The DILG also clarified that Interpol had not issued a Red Notice for the senator, countering rumors that international law enforcement was already on the hunt. According to GMA News, both the DOJ and DILG have denied any knowledge of a warrant, with officials emphasizing the need for clear legal procedures should any such document materialize.

These denials, however, have done little to quell speculation. Much of the confusion can be traced back to Ombudsman Jesus Crispin Remulla, who in November 2025 publicly stated that the ICC had already issued an arrest warrant for dela Rosa in connection with alleged crimes against humanity during the Duterte administration’s infamous war on drugs. Remulla’s repeated assertions have been the only public source for the claim, and as GMA News points out, this has led to skepticism even among legal experts. ICC-listed defense lawyer Nicholas Kaufman, representing former President Rodrigo Duterte, remarked, "It would defy prosecutorial logic for additional ICC arrest warrants to be sought in the context of the Philippines’ investigation before jurisdictional issues are resolved on appeal in the Duterte case." He went further, questioning the credibility of the source: "I do not believe that Ombudsman Jesus Crispin Remulla—the unique source of this dubious intelligence—would be so remiss as to dice with prosecution at the ICC for contempt, by leaking the existence of a highly confidential arrest warrant for a suspect. Peddling fake news, however, carries no such risk."

For Senator dela Rosa, the uncertainty has translated into a prolonged absence from the Senate. According to Philippine Daily Inquirer, he has not reported to work since November 2025, a move his legal counsel, Atty. Israelito Torreon, attributes to legitimate concerns over his personal security. Torreon explained, "When your security is at stake, when your personhood and safety are on the line, you can’t just be arrested immediately and then thrown to the ICC… that’s not acceptable. His personal safety is what’s at risk here." Torreon also emphasized that no official ICC arrest warrant has been presented to them, stating, "We should have a clear cut implementing rules and regulations in that regard. [After that] bring it on, if we know it, then bring it on. We will face it."

The legal complexities of the situation are substantial. The Philippines withdrew from the ICC in 2019, but the court maintains jurisdiction over incidents that occurred while the country was still a member, specifically between 2016 and 2019. Dela Rosa served as Philippine National Police chief from 2016 to 2018, during which he was widely described as the "architect" of Oplan Tokhang—the anti-drug campaign that, according to government records, resulted in at least 6,000 deaths. Human rights groups place the figure much higher, estimating as many as 30,000 fatalities. The ICC’s investigation centers on alleged crimes against humanity stemming from this campaign.

Adding to the tension is the precedent set by former President Rodrigo Duterte, who was arrested by the ICC in March 2025 and is currently detained at The Hague, awaiting trial. This development has heightened fears among Duterte’s allies that they too could face international prosecution. Torreon, dela Rosa’s lawyer, referenced this directly, saying, "The Philippine government cannot repeat what happened to former President Rodrigo Duterte, when he was arrested and surrendered to the ICC. That shouldn’t happen because we have a functioning court and a judicial system."

Despite the gravity of the allegations and the international attention, the Philippine government has made it clear that even if a warrant exists, surrender to the ICC would not be automatic. A new Supreme Court rule on extradition requires that any turnover be processed through the Philippine judiciary, ensuring that the country’s legal system remains the primary arbiter. As Manila Bulletin reported, this rule was highlighted by Malacañang following the revelations about the alleged warrant against dela Rosa.

Meanwhile, Roque himself has become a figure of controversy. He faces a nonbailable "syndicated trafficking" charge in the Philippines, which he claims is part of a "political retaliation" by the Marcos administration against Duterte supporters and vocal critics of President Marcos Jr. Roque, who is seeking asylum in The Netherlands, has strongly opposed the Philippine government’s request to issue and circulate a Red Notice against him, arguing that such actions violate Interpol’s human rights obligations and are prohibited against political opponents and asylum seekers. "The allegation is simply fabricated, unsupported by evidence, and weaponized to discredit and silence me," Roque stated, adding that he has submitted his opposition to the Commission for the Control of Interpol’s Files.

The ongoing saga raises thorny questions about the intersection of domestic politics, international law, and human rights. While some critics have mocked dela Rosa’s previous bravado—he once famously said, "bring it on" when asked about the prospect of an ICC arrest—his lawyer now insists that the senator will face any legitimate process, but only when the proper legal framework is in place. Torreon noted, "We will face it," but stressed the importance of due process and the absence of a clear mechanism for surrender under both Philippine law and the Rome Statute.

As the debate rages on, one thing is clear: the fate of Senator dela Rosa is emblematic of the broader struggle over accountability for the bloody legacy of the Duterte administration’s drug war. With international and domestic legal systems poised for a potential showdown, the coming months promise to test the resilience of both Philippine institutions and the international mechanisms designed to address crimes against humanity.