Joseph Azil Buena

"The [International Criminal Court] is no longer just looking at Duterte. They will look at who is responsible and, more importantly, who is most responsible. Those who enabled, carried out, or failed to stop the killings can be held liable under international law."

Photo Courtesy of PDP Laban.

These were the statements of human rights lawyer Kristina Conti on May 12 regarding the likelihood that the International Criminal Court (ICC) investigation into former president Rodrigo Duterte’s ‘war on drugs’ campaign will soon extend to his closest allies.

Conti, an assistant to the counsel at the ICC representing families of drug war victims, stated that she is certain Senator Ronald “Bato” dela Rosa “will receive a warrant of arrest” from the international tribunal, alongside Senator Christopher “Bong” Go.

"Bato, I'm pretty sure, will get a warrant of arrest. By later this year, possibly September, we might be looking at a sitting mayor on trial—assuming he wins. And we're looking at two senators of the Republic being on trial,” she said.

Dela Rosa served as the former Philippine National Police (PNP) chief from 2016 to 2018 and led Duterte’s anti-drug operations during their peak, amid growing criticism from human rights groups and the international community.

Go, Duterte’s longtime aide and inaugural "special assistant to the President," is also regarded as a key figure in the administration’s major decisions, including the drug war, serving as the president’s "trusted confidant."

In addition to the two senators, former Justice Secretary Vitaliano Aguirre and former Interior Secretary Ismael Sueno could also face charges for their involvement in the campaign.

Under the Rome Statute, the framework of the ICC, senior officials may be held accountable even if they did not physically participate in the killings, due to command responsibility.

"Those who knew about the killings and continued to support the policy without taking action to stop it can be held criminally responsible. The ICC is not like our local courts, which require a person to have physically pulled the trigger," Conti said.

Duterte, who was arrested on March 11 and is currently detained at the ICC facility in The Hague, Netherlands, faces charges of crimes against humanity for spearheading the drug war that killed thousands, according to both government records and international watchdogs.

In 2018, months after the ICC launched a preliminary investigation into the drug war, Duterte announced the Philippines’ withdrawal from the Rome Statute, citing "baseless and outrageous attacks."

The ICC maintains jurisdiction over alleged crimes committed while the Philippines was still a member, covering the period before the country’s withdrawal took effect in March 2019.


‘About justice, not politics’

Conti emphasized that the ongoing ICC investigations and trials are not political vendettas but are all about evidence uncovered upon alleged crimes.

"This is not a Duterte versus Marcos war. It’s the people versus Duterte. The central question remains: Did he commit crimes against humanity?" Conti stated.

She also warned of the potential electoral victories of Duterte and his circle in the 2025 elections, which could be used “to claim political persecution and rally public sympathy.”

As of May 14, the 80-year-old Rodrigo Duterte, despite being in detention at the ICC, was proclaimed mayor-elect of his home city of Davao through a landslide victory.

Meanwhile, reelectionists Go and Dela Rosa remain strong in the Top 1 and Top 3 spots, respectively, in the partial and unofficial tally of the senatorial race.

Conti also pointed out Duterte’s unique situation, describing it as a "stunning paradox," where a man facing crimes against humanity is seeking public office.

The ICC aide then urged current government officials to extend full cooperation with the court and refrain from shielding individuals who may be implicated in the ICC investigations.

"This is a moment for the Philippines to show that it upholds justice and human rights—not just for the rich and powerful,” the lawyer added.