ICC Investigates Duterte’s Drug War: Arrest Warrants Loom for Dela Rosa and Go

The International Criminal Court (ICC) is moving forward with its investigation into alleged crimes against humanity committed during former Philippine President Rodrigo Duterte’s “war on drugs,” with potential arrest warrants expected for Senators Ronald dela Rosa and Christopher “Bong” Go, among others. The Philippine government has acknowledged its obligation to enforce any warrants issued by the ICC.

ICC Names Dela Rosa, Go as Co-Perpetrators

ICC prosecutors have identified Senators Dela Rosa and Go, along with six other individuals, as alleged co-perpetrators in the crimes against humanity investigation. These individuals include former Philippine National Police chiefs Oscar Albayalde, Camilo Cascolan, and Vicente Danao; former Justice secretary Vitaliano Aguirre II; former National Bureau of Investigation (NBI) director Dante Gierran; and former Philippine Drug Enforcement Agency (PDEA) director Isidro Lapeña.

Arrest Warrants Likely, Process Confidential

Even as applications for arrest warrants remain sealed, an ICC-accredited lawyer, Gilbert Andres, stated it is logical to anticipate their issuance. Under ICC rules, these applications are confidential, known only to the Office of the Prosecutor and the judges of the Pre-Trial Chamber. The public will only be informed of any warrants once they are transmitted to relevant state authorities.

Philippine Government Obligation to Enforce Warrants

Malacañang has affirmed the Philippines’ obligation to implement any arrest warrants issued by the ICC. Presidential Communications Office (PCO) Undersecretary Claire Castro emphasized that the case originated in 2017, prior to President Marcos Jr.’s administration, and the government cannot interfere with the legal process.

Extradition and Philippine Law

ICC arrest warrants are not subject to Philippine extradition rules, as the ICC is an international organization. However, the surrender of suspects could be carried out under Republic Act 9851, the Philippine International Humanitarian Law Act, which facilitates cooperation with international tribunals investigating international crimes. This framework was previously applied to Duterte’s own surrender to the ICC in March of last year.

Senate Not a Safe Haven

Andres stressed that the Senate should not provide immunity from prosecution. While arrests within Senate premises might be avoided out of courtesy, senators could be arrested outside the Senate if valid ICC warrants exist. He asserted that no individual should be shielded from accountability based on their position.

Prosecution’s Neutral Stance on Defense Request

The Office of the Prosecutor at the ICC has stated it will take no position on a request from Duterte’s defense team to disqualify the external legal representatives for the victims in his case. The prosecution also indicated it will not rely on two specific pieces of evidence during the upcoming confirmation of charges hearing.

Current Status of Senators

Senator Go has publicly rejected the ICC allegations, deeming them “entirely unfounded, one-sided, and unfair.” Senator Dela Rosa, however, has been largely absent from Senate sessions since November 2025 amid rumors of a potential arrest warrant, despite no warrant having been confirmed.