ICC may still hold confirmation of charges vs. Bato despite absence --counsel

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The International Criminal Court (ICC) could still hold its confirmation of charges against Senator Ronald “Bato” Dela Rosa despite his still being on the run, a lawyer for Duterte-era drug war victims said.

In a 24 Oras report from Mariz Umali on Wednesday, ICC Assistant to Counsel Kristina Conti said that the tribunal could still hold a confirmation of charges hearing against Dela Rosa as an indirect co-perpetrator in former president Rodrigo Duterte’s drug war.

“Pwedeng magkaroon kasi ng confirmation of charges hearing in the absence of the suspect. Nangyari yun last September lang, sa kaso ni Joseph Kony na hindi nila matukoy-tukoy kung nasaan, pero ang tagal na nakabinbin yung kaso. So, sa confirmation of charges hearing, posibleng absent yung akusado,” Conti said.

(There could be a confirmation of charges hearing in the absence of the suspect. That happened just in September, in the case of Joseph Kony, who cannot be found, but the case has been lodged for so long. So, in the confirmation of charges hearing, the accused could be absent.)

According to the Rome Statute, the confirmation of charges could be done against the accused if they could not be found or if they are trying to escape.

However, the accused must have a lawyer present to represent them, with the Pretrial Chamber Judges needing to approve of the matter as well.

This is what happened in September 2025 when the confirmation of charges were held against Kony, a Ugandan warlord. He faces 39 counts of war crimes and crimes against humanity. The ICC had issued an arrest warrant against him in 2005 but he could not be found.

“Ang sabihin ng court, masyadong matagal na tayong naghihintay para sa paghuli nitong ganitong suspect. Kaya may hihiling dyan na pwede bang mag-proceed kami without the presence of the suspect,” Conti said.

(The court will say that we have been waiting too long for this suspect. So there is a plea to proceed without the presence of the suspect.)

Conti said that in the view of victims, these movements are still important and that it at least showed the case moving.

Dela Rosa has been on the run even before the ICC put out the arrest warrant for him in May. The senator was Duterte’s former police chief during the drug war, which saw the deaths of at least 6,000 people. — Jean Mangaluz/BM, GMA News

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