MANILA, Philippines – “When bells for us are rung. And our last taps is sung. Let generations see. Our country free. Oh lead to righteous way. Those solid ranks of gray. Thy virtues to display. Academy oh hail to thee.”

These were the lines from the Philippine Military Academy hymn that Senator Ronald “Bato” dela Rosa sang before reporters on Wednesday, May 13 – his third day at the Senate compound where he is enjoying protection from an International Criminal Court (ICC) warrant.

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Dela Rosa, who belongs to the PMA Sinagtala Class of 1986, said the act was to seek support from his “cavaliers” (fellow PMA graduates), quickly adding that it was a call for a “peaceful support.”

“I am not appealing for violent support, I am appealing for peaceful support para makita ng mga gobyerno natin, kung hindi nila pinapakinggan ang aking pakiusap na ako ay isang Pilipino na humihingi ng suporta galing sa inyo. Na dapat sana huwag niyo akong ipagkanulo sa mga dayuhan,” Dela Rosa told reporters.

“‘Yan ang aking apela sa aking mga kabaro, mga sundalo, mga kapulisan, who are placed in the same boat,” he added.

(I am not appealing for violent support, I am appealing for peaceful support to nudge our government, if they’re not listening to my call as a Filipino who’s asking for support. That I should not be surrendered to foreigners. This is my call to my fellow cavaliers, military, police, who are placed in the same boat.)

It was Dela Rosa’s latest attempt to frame his ICC case as an issue of nationalism. Responding to the warrant issued by the ICC for crimes against humanity, the former chief of the Philippine National Police has repeatedly said in recent days that he is a Filipino who served his country and should be tried for his alleged crimes on Philippine soil.

“Being a cavalier, ipakita nila ang sentimento: Ayaw nilang pakialaman kayo ng mga dayuhan. Kayo’y mga Pilipino. Kung gusto nila akong bitayin, gusto nila akong ilansang sa krus, dito sa ating Philippine courts,” the retired police general added.

(Being a cavalier, they should air their sentiments that they don’t want foreigners meddling with us. We are Filipinos. If they want to sentence me to death, crucify, then they should do it in our Philippine courts.)

Dela Rosa’s ICC case, however, is neither an issue of nationalism nor of sovereignty. The ICC does not encroach on a country’s rights because it is “complementary to national criminal jurisdictions,” under the Rome Statute or the treaty that created the ICC. Meaning it allows countries to investigate alleged crimes within their territories, and only steps in when these nations fail to conduct proper investigation.

This is what happened in the cases against former president Rodrigo Duterte and Dela Rosa. The Duterte administration had tried to defer the probe by claiming local judicial mechanisms were working. It had promised investigations into police officers and said cases would be filed against them.

However, the Office of the ICC Prosecutor had repeatedly said it had found a lack of genuine investigation by the Philippine government. – Rappler.com