Colmenares calls for peaceful arrest of Bato ahead of Duterte ICC trial

MANILA – Human rights lawyer Neri Colmenares on Monday urged Philippine authorities to pursue the arrest of Sen. Ronald “Bato” Dela Rosa peacefully, saying the government must fulfill its obligations under the law as the International Criminal Courtprepares to try former President Rodrigo Duterte over his administration’s drug war.

Colmenares said authorities should focus on apprehending Dela Rosa, who has been in hiding since May after the ICC issued an arrest warrant against him over alleged crimes against humanity linked to the drug war.

“The function of the police is to arrest mainly, not to kill. That’s the reversion of their time. During their time, it’s kill before arrest,” Colmenares said in a “Headstart interview” on Monday. 

“I don’t agree with any shoot to kill order which President Duterte and Bato Dela Rosa always issued,” he said. 

The Department of the Interior and Local Government has earlier offered a P50-million reward for information leading to Dela Rosa’s arrest, with Interior Secretary Jonvic Remulla describing the senator as “armed and dangerous.”

Authorities have said they are aware of Dela Rosa’s whereabouts but is looking for ways to take custody of him without bloodshed. 

Remulla said Dela Rosa is under the protection of an armed group and taking him by force could lead to a high casualty count.

Colmenares said the inability to arrest Dela Rosa “is really an admission on the part of the government that they are a failed state” and that “there is very little confidence” that authorities can enforce the law against powerful figures.

“Well, they would go after ordinary activists, ordinary human rights defenders with hammer and tongs, EJK, arrest cases. In the case of people like Bato Dela Rosa, they seem to be powerless. But that’s their duty,” he added.

Colmenares said Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, provides a legal basis for Philippine authorities to surrender suspects to international courts under certain circumstances.

He also argued that the Philippines’ withdrawal from the Rome Statute, which took effect in 2019 during Duterte’s presidency, does not extinguish its obligations concerning the ICC’s investigation into alleged crimes committed while the country was still a member.

“We agreed to the Rome Statute…[and] that we will cooperate with the court and execute our obligations, even if we have withdrawn,” Colmenares said.

Article 127 of the Rome Statute sets out the conditions for a country’s withdrawal and provides that withdrawal does not affect obligations that arose while it was a party to the treaty.

Colmenares nevertheless said the government would have to comply with the Supreme Court’s decision.

Meanwhile, Colmenares said families of victims of the drug war and their lawyers are struggling to raise funds to attend Duterte’s trial at the ICC in The Hague, Netherlands, scheduled to open on November 30.

The ICC confirmed three counts of crimes against humanity against Duterte in April, committing him to trial over alleged murders and attempted murders linked to the drug war between November 2011 and March 2019.

The charges cover alleged crimes committed during Duterte’s time as Davao City mayor and president. The former president denies the allegations and remains detained at the ICC.

Colmenares, who represents victims’ families, said the upcoming proceedings are the culmination of years of seeking accountability for loved ones killed during the campaign.

He said the cost of travel, accommodation and an extended stay in the Netherlands could prevent some victims and their lawyers from attending the proceedings in person.

“It’s difficult enough to get the cheapest flight available. And it’s difficult enough to find someone who will host us, you know, a Filipino there in The Hague or in Amsterdam who will, provide us, help us stay there,” Colmenares said.

Colmenares said the number of victims seeking to participate in the ICC proceedings could still increase, as the court continues to accept applications during the prosecution’s presentation of evidence.

He clarified that participating victims do not necessarily have to testify as witnesses. Their participation allows their interests and experiences to be represented in the proceedings and may also be relevant to reparations if the court reaches that stage.

“So we’re hoping that many victims will come out now and be a part of the process, especially since the trial has started. It was different before, there was no trial. Now there’s a trial,” he added. 

The prosecution is expected to present around 60 to 70 witnesses, including approximately 31 insider witnesses, according to previous statements made during ICC proceedings.

Colmenares said the prosecution and victims’ representatives would need substantial time to present the broader context of the drug war, the alleged crimes and their impact on victims and their families.

He explained that the case involves more than individual killings, requiring the court to examine the alleged widespread and systematic attack against civilians.

“The case is comprehensive. Remember, this is a crime against humanity,” Colmenares said.

The ICC has scheduled a final status conference on November 2 to address outstanding preparations ahead of the trial’s opening on November 30.