Philippine DOJ Clarifies RA 9851 Provisions on Surrender to International Courts

The Philippine Department of Justice issued a statement on May 13, 2026, clarifying that the government may surrender a suspected or arrested person to the International Criminal Court under Republic Act No. 9851. DOJ spokesperson Prosecutor Rafael Martinez told reporters that under the law the government may surrender such a person to the appropriate international court or tribunal, with the other mode being extradition.

The DOJ statement was made after the department was asked if local law allows the Philippine government to cooperate with the ICC. The International Criminal Court recently unsealed its warrant against Senator Ronald 'Bato' dela Rosa. Senator Ronald 'Bato' dela Rosa is the first Philippine National Police chief who implemented former president Rodrigo Duterte’s drug war.

He is facing an ICC warrant after he was found to be allegedly criminally liable for crimes against humanity, with the case covering alleged killings under the war on drugs and by the Davao Death Squad. The National Bureau of Investigation tried implementing the ICC warrant on Monday, May 11, 2026, but failed. As of May 13, 2026, Dela Rosa remains in the Senate to evade arrest.

Senator Ronald 'Bato' dela Rosa spoke to members of the media at the Senate on May 13, 2026. Republic Act No. 9851 is the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

The Marcos administration used RA 9851 as the basis when it arrested Duterte in 2025. International lawyer Priya Pillai said in 2025: “domestic law is allowing local authorities to step back and allow another court (regional or international) to step in. So, to that extent, it’s in perfect compliance with RA No.

““Under [Republic Act No.] 9851, we may surrender a suspected or arrested person in the Philippines to the appropriate international court or tribunal. The other mode is extradition.””

“— Prosecutor Rafael Martinez, DOJ spokesperson Rappler reported that the DOJ issued the clarification after it was asked if local law allows the Philippine government to cooperate with the ICC. The tribunal's warrant against dela Rosa, who implemented the drug war as the first Philippine National Police chief under former president Rodrigo Duterte, centers on alleged crimes against humanity tied to killings in that campaign and by the Davao Death Squad. The failed attempt by the National Bureau of Investigation to implement the warrant on May 11 left the senator inside the Senate compound as of May 13.”