The International Criminal Court (ICC) last week unsealed an arrest warrant against senator Ronald Dela Rosa, accusing him along with Duterte and other “co-perpetrators” of the “crime against humanity of murder”.
Dela Rosa briefly sought refuge in the Senate last week while asking the Philippine Supreme Court to stop an ongoing attempt by government agents to arrest him.
“By his own conduct, he has placed himself outside the protection of the law,” the government’s chief lawyer, Solicitor-General Darlene Berberabe, said in a filing that asked the court to dismiss Dela Rosa’s petition.
“Until he submits himself to lawful authorities, he must be deemed a fugitive from justice and should not be allowed to seek any relief from the courts,” said the document, dated May 16 but only made available to the media on Sunday.
Dela Rosa’s current whereabouts were unknown after he discreetly left the Senate building on Thursday.
The justice department said Friday the ICC warrant would only be served once the Supreme Court resolves Dela Rosa’s Supreme Court petition – unless he tried to flee abroad in which case he would be detained.
The court made no immediate comment.
Dela Rosa has said the ICC warrant was illegal since the Philippines pulled out in 2019 from the treaty that created the tribunal.
Berberabe argued that withdrawal from the treaty “does not relieve a state party from cooperating in proceedings already initiated before the ICC”.
The ICC prosecutor launched an examination of the Philippine drug crackdown in 2018.
The bloody campaign, launched by Duterte after being elected president in 2016, left thousands dead, many of them drug users and low-level narcotics peddlers, according to human rights monitors.
Duterte was arrested in March last year, flown to the Netherlands on the same day, and is detained in The Hague awaiting trial.
Dela Rosa served as national police chief from 2016 to 2018.
After retirement, he was elected to the Senate in 2019 and retained his seat in last year’s midterm elections.