Philippine Supreme Court says won't stop ICC arrest of drug war enforcer

The Philippine Supreme Court refused Wednesday to block the arrest of a fugitive senator wanted by the International Criminal Court over his role in the nation's deadly drug war.

The interim ruling clears the way for the potential arrest of Senator Ronald Dela Rosa, the former national police chief who was the chief enforcer of ex-president Rodrigo Duterte's crackdown.

"The Supreme Court, in a vote of 9-5-1, denied the prayer for a temporary restraining order and/or status quo ante order filed by Senator Ronald "Bato" M. Dela Rosa," a court statement said.

"Do not lose heart," Dela Rosa's lawyer Israelito Torreon said in a statement, adding he will ask the court to reconsider its ruling.

The ICC last week unsealed an arrest warrant against Dela Rosa, accused along with Duterte and other "co-perpetrators" of the crime against humanity of murder.

Government agents tried to arrest Dela Rosa on the same day, but the pro-Duterte senate leadership foiled the attempt and gave him sanctuary at the senate building following a dramatic chase up the stairs.

Dela Rosa later left the senate for an unknown location following a shooting incident between government agents and senate security personnel on Wednesday that sent senators scurrying for cover in their offices.

Duterte was arrested last year and is awaiting trial by the ICC in The Hague on charges stemming from the drug crackdown.

The drug war left tens of thousands of people dead, mostly drug users and low-level traffickers from urban slums according to human rights monitors.

Philippine police say more than 6,000 drug suspects were killed in legitimate police operations during the Duterte presidency in 2016-2022.

"For now, we can say that the warrant of arrest is valid against Senator Bato Dela Rosa," President Ferdinand Marcos's spokeswoman Claire Castro told reporters.

It was not immediately known if Manila will now try to enforce the arrest.

Castro said Manila would let Justice Secretary Fredderick Vida interpret and evaluate the Supreme Court ruling.

The minister had said last week that government agents would pause efforts to serve the ICC warrant to allow the Supreme Court to resolve all the issues raised by Dela Rosa.

Vida could not be reached for comment Wednesday.

Dela Rosa, 64, had also asked the court for an interim injunction to prevent government agents from arresting any sitting senator without a valid Philippine court order.

He also asked that the court make both temporary injunctions permanent.

The top court said Wednesday's interim ruling only decided on Dela Rosa's prayers for interim relief, and the 15-member tribunal were yet to decide on the other issues raised by the senator.

"We will exhaust every remedy available under law," his lawyer Torreon said.

Dela Rosa served as national police chief from 2016 to 2018 during the early phase of Duterte's anti-drug campaign and was elected to two successive six-year terms in the Senate after retiring from the force.

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