An ICC warrant is not immediately enforceable in the Philippines; it must first go through local courts where a judge determines probable cause, as required by Article 59 of the Rome Statute and Article 3 Section 2 of the Philippine Constitution. Surrender to the ICC is a distinct legal process from extradition, involving the transfer of a person from one country to an international court, and requires first bringing the person before local judicial authority before proceeding with surrender.
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ICC warrant & Senate power: Can Bato dela Rosa be turned over?Added:
It's not enforceable immediately. You have to go through the courts as required by Article 59 of the Rome Statute itself.
And this coincides with our constitutional requirements that before you arrest somebody, you have to comply with the requirements of Article 3 Section 2 of the Constitution. A judge should determine personally probable cause after examining witnesses and so and so forth.
So for us, you can't automatically implement a warrant of arrest. So if surrender is actually a technical term, extradition is a technical term.
Extradition means transferring one person from one country to another country. Surrender means transferring a person from one country to an international court, specifically the ICC. And this is defined in the Rome Statute itself. So when you say surrender, it only means that you have to comply with the rules on surrender, which Article 59 says you should promptly bring this person before local judicial authority first before you go to surrender.
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