PH lawyers ask Supreme Court to reject Senator Dela Rosa's plea to block ICC arrest

Philippine government lawyers have urged the Supreme Court to reject the bid of fugitive Senator Ronald dela Rosa, who is wanted for alleged crimes against humanity linked to his role in a bloody "war on drugs", to block his arrest and surrender.

Dela Rosa, the former police chief who oversaw former President Rodrigo Duterte's anti-narcotics crackdown, had asked the Supreme Court to stop authorities from arresting him and surrendering him to the International Criminal Court.

He is facing the same charges as Duterte, who is set to become the first former Asian head of state to go on trial in The Hague. Both have denied wrongdoing.

Dela Rosa argued the ICC no longer has jurisdiction after the Philippines' 2019 withdrawal from the Rome Statute.

But the Office of the Solicitor General (OSG) argued the Philippines may enforce the ICC warrant under a domestic law, Republic Act 9851, which allows authorities to surrender suspects accused of grave international crimes to international courts for prosecution.

It said dela Rosa could not demand a separate Philippine court finding that there was sufficient basis to arrest him since the ICC has already issued a warrant, adding the country "will never become a sanctuary for impunity."

The OSG said dela Rosa was not entitled to relief because his "actions show that he comes to court with unclean hands."

"His flight, coupled with the fact that he had previously gone into hiding, is not merely incidental but is a deliberate act to avoid accountability. His conduct places him squarely within the definition of a fugitive from justice," the OSG said in comments filed on Saturday and shared with media on Sunday.

Dela Rosa evaded arrest on Monday after being granted protection by the Senate, whose new president he helped install by reappearing after months out of public view to cast a decisive vote for Alan Peter Cayetano, a staunch ally of the Duterte family.

The ICC unsealed a warrant on Monday for dela Rosa's arrest, dated November. Dela Rosa had been taking refuge at the Senate but slipped out before dawn on Thursday in what his wife called an "escape". His current whereabouts are unknown.

"To once more extend exceptional privileges to a petitioner who now seeks relief while evading lawful process sends a chilling message — not only to the victims of the drug war, but to all who look to the law for justice: that its protections are strongest for the powerful, and weakest for those who are now dead," the OSG said.

-Reporting by Karen Lema; Editing by Jamie Freed)/Reuters