The International Criminal Court (ICC) could move forward with the confirmation of charges against Philippine Senator Ronald “Bato” M. dela Rosa even if he is never arrested, according to a lawyer representing victims of the country’s drug war, as authorities continue the search for the fugitive legislator.

“If Senator Bato still remains at large and in hiding for maybe a decade or more than that, it has happened in the ICC that a suspect was actually brought to confirmation of the charges hearing,” Gilbert T. Andres, who represents victims before the ICC, told BusinessWorld in an interview.

Mr. Andres cited the precedent of Ugandan rebel leader Joseph Kony, whose 39 counts of war crimes and crimes against humanity were confirmed by the ICC on Nov. 6, 2025, in his absence — nearly two decades after an arrest warrant was issued in 2005. Mr. Kony, who remains at large, was represented by defense counsel.

“So that can happen to Senator Bato if he never surrenders or is never arrested. It’s still possible that the charges against him can be confirmed amidst his being at large or in hiding,” Mr. Andres said.

Confirmation of charges, however, is not a trial. Under the Rome Statute, an accused must be present for trial. The distinction is central to the case’s immediate procedural outlook: confirmation of the charges and commencement of a trial are separate steps, with the latter requiring Mr. dela Rosa’s presence.

Mr. dela Rosa has not been seen in public since fleeing the Senate in the early hours of May 14, days after the ICC unsealed a warrant that had been issued under seal on Nov. 6, 2025. The warrant names him an alleged “indirect co-perpetrator” with former President Rodrigo R. Duterte in the alleged murder of at least 32 people between July 2016 and April 2018. The ICC lists the senator as “at large” on its website.

Mr. Andres noted that the ICC’s usual procedure is the reverse of the system in the Philippines: the warrant comes first, and a case bearing the suspect’s name begins only once he is in custody.

“Until and unless he is surrendered, the proceedings in the ICC will not start,” Mr. Andres said of the case against Mr. dela Rosa. Without his surrender, there would be no initial appearance before the pre-trial chamber, as there was for Mr. Duterte two days after his surrender.

Mr. Andres clarified that the senator’s status does not affect the former president’s case. “Senator Bato dela Rosa’s non-arrest will not affect the case against Mr. Duterte. It will still continue on,” he said. Mr. Duterte’s trial is scheduled for Nov. 30 to Dec. 18.

Ephraim B. Cortez, president of the National Union of People’s Lawyers, said the senator’s absence stalls the process but does not weaken the charges.

“The proceedings are affected because they cannot move ahead [with Mr. dela Rosa’s case] without his presence,” Mr. Cortez told BusinessWorld in a Viber chat. “The ICC can proceed with the case against Bato only once it acquires jurisdiction over his person; that is, once he is arrested and the ICC takes custody of him.”

“But this will not affect the merits of the case itself; the case will remain pending and will not prescribe,” he said.

The senator’s continued evasion has led the government to offer a P50-million reward for information leading to his arrest, while the Philippine National Police (PNP) issued a one-week ultimatum for his surrender, which lapsed last Friday.

Secrecy vs. Publicity in the Manhunt

Senator Panfilo M. Lacson said in a social media post on Sunday that secrecy is critical in a manhunt. “When pursuing a high-profile target or handling a sensitive live case, secrecy discipline is key — unless disinformation is necessary to flush the quarry into the open,” Mr. Lacson wrote.

Mr. Andres said he agreed with Mr. Lacson because “what’s important are the results,” adding that publicity could compromise operations.

“What’s important is that even though it’s quiet, it’s effective and efficient in its operation,” he said. “We will only know if it’s effective if Senator Bato is eventually surrendered to the ICC.”

Mr. Cortez said the Department of the Interior and Local Government (DILG) and the PNP should operate without “fanfare” instead of “giving clues about their operations.”

“These public pronouncements only give Bato the clues he needs to evade arrest,” he added, urging law enforcement to “do proper sleuthing instead of engaging in performative actions through public statements.”

Mr. Lacson had earlier questioned the bounty itself. “If they already know where he is, why put up a P50-million bounty?”

The Palace defended the reward as part of a legitimate operation. Mr. dela Rosa’s lawyer, Israelito P. Torreon, likewise questioned its legal basis, saying authorities should produce a warrant from a Philippine court. The senator’s camp has maintained that it does not consider the ICC warrant enforceable in the Philippines.

DILG Secretary Juanito Victor C. Remulla, Jr. earlier suggested that Mr. dela Rosa is hiding in Mindanao under the protection of a “powerful group,” which he did not identify. The description fueled public speculation linking the senator to various Moro factions, including the Moro National Liberation Front (MNLF).

“There is no established formal relationship between Sen. Ronald ‘Bato’ dela Rosa and the Moro National Liberation Front,” the group’s information committee said in an Oct. 30 statement, adding that there was “no verified evidence that he is an MNLF member, ally in an operational sense, or currently being protected by the group.”

Mr. Andres said anyone helping the senator remain in hiding could face obstruction-of-justice charges under Philippine law. The ICC has no police force of its own, he noted, so enforcement falls to the Philippines, which is not an ICC member but has Republic Act No. 9851, the law on crimes against international humanitarian law, genocide and other crimes against humanity.

“The ball is now in the court of the Philippines,” Mr. Andres said.