Sen. Dela Rosa and ex-PNP Chief Albayalde amid ICC investigation

PNP on High Alert as ICC Eyes Former Chiefs in Drug War Probe

A Looming Shadow Over Philippine Law Enforcement

As the shadow of the International Criminal Court (ICC) looms larger over the Philippines, the Philippine National Police (PNP) finds itself in uncharted territory—potentially facing the arrest of one of its most prominent figures, Sen. Ronald “Bato” dela Rosa. The air in Manila is thick with tension as the nation grapples with the fallout of a brutal drug war that claimed thousands of lives under former President Rodrigo Duterte’s administration.

PNP’s Response to ICC Threat

In a press briefing following his assumption of command at Camp Crame, new PNP chief Gen. Nicolas Torre III addressed the pressing question on everyone’s mind: Is the PNP prepared to execute an ICC arrest order for Dela Rosa?

“We’ll cross that bridge when we get there,” Torre stated, his words carrying the weight of uncertainty that now hangs over the force. “But obviously, we are also making contingencies where if something like that happens, this is what we will do.”

Torre, who previously commanded the police team that arrested Duterte and turned him over to the ICC in The Hague in March 2025, emphasized that discussing contingency plans publicly would be premature. “It’s just not proper to discuss it at the moment. It’s really something that has to be acted upon once it’s there. We’ll make decisions as they come,” he added.

The ICC’s Focus on the Drug War

The ICC’s involvement intensified when Duterte was apprehended on March 11, 2025, and extradited to The Hague to face charges of crimes against humanity related to the estimated 12,000 to 30,000 deaths during his administration’s drug war. The campaign, marked by widespread allegations of extrajudicial killings, has drawn global scrutiny, with families of victims accusing officials of orchestrating a “systematic attack on the civilian population”.

Now, the ICC’s spotlight has turned to two of Duterte’s key enforcers: Dela Rosa, who served as PNP chief from 2016 to 2018 and is often called the “architect” of the drug war, and Oscar Albayalde, who led the PNP from 2018 to 2019.

ICC’s Investigation into Dela Rosa and Albayalde

Lawyer Kristina Conti, an ICC assistant to counsel, has indicated that Dela Rosa and Albayalde could be next in line for arrest warrants. “They could be,” Conti told Inquirer.net when asked if the former police chiefs would face similar fates as Duterte. In an interview on DZBB, she revealed that three names are under scrutiny in ICC documents: Duterte, Dela Rosa, and Albayalde.

“There are three names mentioned in the ICC documents. These are Duterte, dela Rosa, and Albayalde. There are three additional names of police officers who are allegedly involved as well, but the documents pertaining to them are still unofficial,” Conti explained.

Conti anticipates that as Duterte’s trial progresses, more evidence will emerge regarding the roles of Dela Rosa and Albayalde. “I am expecting that once the trial against Duterte begins, more evidence will come out on the extent of Dela Rosa and Albayalde’s participation,” she added.

Roles in the Drug War

Dela Rosa, who coined the term “Oplan Tokhang” (knock and plead), was at the forefront of the drug war, a campaign widely criticized for its brutality and high number of extrajudicial killings. Official government data reported at least 6,000 deaths, but the ICC estimates the toll could be as high as 30,000, including vigilante-style killings (Lowy Institute).

Albayalde, who succeeded Dela Rosa, continued the controversial campaign, landing both on the roster of officials accused by victims’ families of crimes against humanity before the ICC. The 2021 ICC prosecutor’s request for investigation explicitly named Dela Rosa and Albayalde due to their command responsibilities.

Current Status and Uncertainty

As of June 3, 2025, no official arrest warrants have been issued by the ICC for Dela Rosa or Albayalde, based on available information. The Palace has confirmed it has not received any communication regarding Interpol red notices for the two former chiefs, indicating no formal arrest requests have been made through international channels.

However, the ICC is reportedly probing nine other individuals in connection with Duterte’s case, with potential charges including murder, rape, and torture. This suggests the investigation remains active, and new developments could emerge.

Responses from Dela Rosa and Albayalde

Dela Rosa has expressed resistance to ICC jurisdiction, stating he would seek refuge in the Senate or appeal to the Supreme Court to block any arrest attempts. Albayalde, on the other hand, has taken a more cooperative stance, saying he is preparing for a possible arrest warrant but considers the matter speculative until official documents are served.

“My conscience is clear,” Albayalde stated in an interview, maintaining that no illegal orders were given during the drug war.

Political and Legal Implications

The potential arrest of a sitting senator and a retired PNP chief poses significant challenges for the Philippine government. The Department of Justice has indicated it will not block Interpol from serving ICC warrants unless a specific policy is enacted, highlighting tensions between international commitments and national sovereignty (Inquirer.net).

President Ferdinand Marcos Jr. has previously stated that the Philippines, having withdrawn from the Rome Statute in 2019, would not cooperate with the ICC. However, Duterte’s arrest suggests a shift in approach, raising questions about how the government will handle potential warrants for Dela Rosa and Albayalde (Human Rights Watch).

A Nation on Edge

The PNP, under Torre’s leadership, must navigate this delicate situation, balancing its duties with the complex legal and political implications of potentially arresting high-profile figures. The ICC’s probe has sparked debates over accountability, justice for victims, and the Philippines’ relationship with international courts.

For now, the nation waits—with the world watching closely—as the ICC’s investigation continues to unfold. The outcome could reshape the Philippines’ law enforcement landscape and its stance on international justice, leaving a lasting impact on the legacy of the drug war.

Table: Key Figures in the ICC Drug War Investigation

Name

Role

Period as PNP Chief

ICC Status

Rodrigo Duterte

Former President

N/A

Arrested March 2025, facing trial

Ronald “Bato” dela Rosa

Former PNP Chief, Current Senator

2016–2018

Under investigation, no warrant confirmed

Oscar Albayalde

Former PNP Chief

2018–2019

Under investigation, no warrant confirmed

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