ICC Drops Warrant, Bersamin Drops ‘Not So Fast’—Tokhang’s Architect Now Hiding in Session Hall

Sovereignty Shield or Senate Snuggie? Bato’s New Legal Blanket Has ICC Written All Over It

By Louis “Barok” C. Biraogo — November 9, 2025

Radio Rumor vs. Mass Grave: When “Good Authority” Trumps 6,000+ Bodies

It started with a whisper on dzRH—a public interest radio program—and exploded into a constitutional cage match. Ombudsman Jesus Crispin “Ping” Remulla, speaking with measured confidence, revealed that the International Criminal Court (ICC) had allegedly issued an arrest warrant for Senator Ronald “Bato” dela Rosa. His source? “Good authority.”

No sealed document. No Interpol alert. Just a radio disclosure that sent Malacañang scrambling and human rights lawyers cheering.

Meanwhile, thousands of families still mourn victims of “Oplan Tokhang”—the knock-and-kill policy Bato helped design.

But here’s the twist: Executive Secretary Lucas Bersamin, who once pledged “positive” action on ICC requests, now says—“Not so fast.”

Cue the legal circus.

Sovereignty Shield vs. Surrender Sword: Bersamin and Conti Duke It Out

Bersamin’s “Not So Fast” – A Procedural Wall in a Sovereignty Suit

Bersamin’s stance is polished and procedural:

“Even if the ICC issued a warrant, it needs Interpol transmission and a Philippine court order under the new extradition rules.”

He’s leaning on:

Supreme Court Rules on Extradition (A.M. No. 21-07-09-SC) – requiring judicial review before surrender.
Philippine withdrawal from the Rome Statute in 2019.

Reality check:

Article 127(2), Rome Statute: Withdrawal does not erase jurisdiction over crimes before March 17, 2019.
ICC Appeals Chamber, 2023: Already rejected Manila’s challenge to drug war probes.
Bersamin in January 2025: “We’ll act positively.”
Bersamin in November 2025: “Not so fast.”

Consistency? Optional.

Conti’s “Arrest Is Certain” – The Legal Truth Serum

Kristina Conti, counsel for drug war victims, cuts through the fog:

“This isn’t extradition. This is surrender to an international tribunal. The ICC isn’t a state—it’s global justice.“

She’s dead right:

Article 89, Rome Statute: Requests arrest and surrender, not extradition.
Article 58, Rome Statute: Warrant issued → arrest follows.
Duterte’s surrender (March 2025): Handled via Interpol—no court, no delay.

So why the special treatment for Bato?

Because Bersamin’s “new rules” apply to state requests, not ICC cooperation. The ICC isn’t a country. It’s a court.

Bersamin’s defense? A delay tactic dressed as due process.

**Red Notice Incoming: Bato’s Senate Seat Now Comes with a One-Way Ticket to the Netherlands**

Global Dragnet vs. Senate Bunker: Bato’s Great Escape Options

The ICC’s Global Playbook (No Polite Knocks Here)

The ICC doesn’t send postcards. It hunts:

Tactic	Effect
Interpol Red Notice	Bato detained at any airport in 195 countries
Third-country arrest	One flight to Japan, EU, or Singapore = arrest
Diplomatic sanctions	EU freezes aid, bans PH officials
Public warrant release	Turns Bato into a global fugitive

Remember al-Bashir? Nearly nabbed in South Africa. Bato’s not traveling light anymore.

Dela Rosa’s Evasion Strategies (Rated by Cynicism)

Strategy	How It Works	Cynicism
The Bunker	Hide behind SC rules + sovereignty	8/10
The Senate Sanctuary	Sotto’s “institutional courtesy”	10/10
The Hermit	Never leave PH	7/10

Senate President Vicente “Tito” Sotto III:

“No senator will be arrested in Senate premises.”

Article VI, Section 11, 1987 Constitution:

Immunity only for crimes ≤6 years.
Crimes against humanity? Life imprisonment.

Sotto’s “courtesy”? A constitutional fanfiction.

Karapatan’s rebuke:

“There is no dignity in shielding architects of mass murder.”

Barok’s verdict: Ouch.

Marcos’ Tightrope, Duterte’s Ghost, and the Moral Black Hole

The Marcos Administration’s High-Wire Act

Cooperate → Anger Duterte’s base
Resist → Anger the EU, UN, and global community

Current strategy: Stall. Delay. Deflect.

The “Betrayal” Soap Opera

Dela Rosa reportedly feels “betrayed” by Marcos Jr.

Barok’s take:

“You build a death machine, then cry foul when it turns on you? Welcome to politics, Senator.“

The Moral Vacuum

6,000+ official deaths
30,000+ estimated (HRW)
Zero high-level convictions

Yet the government’s focus? Protecting a senator’s passport.

Republic Act No. 6713, Section 4(a):

“Public office is a public trust.”

Reality: It’s a VIP shield for the untouchable.

Endgame: Justice or Impunity? The Final Reckoning

Consequences at Stake

Outcome	If Evades	If Surrendered
Rule of Law	Buried	Resurrected
ICC Authority	Mocked	Vindicated
Victims’ Justice	Denied	Delivered
PH Democracy	Laughingstock	Beacon

Prescriptions (No Minced Words)

To Malacañang:
End the charade. Surrender Bato under Article 89. Prove we’re not a rogue state.
To the ICC:
Go loud. Issue the Red Notice. Tag every embassy. Make harboring Bato radioactive.
To the Senate:
Drop the “courtesy” act. No one is above the law—not in the plenary, not in the gym.
To the Public:
Take the streets. This isn’t about one senator. It’s about whether state murder becomes policy.