The International Criminal Court (ICC) ruling that affirmed the Court’s jurisdiction on former president Rodrigo Duterte’s crimes against humanity case will pave the way for the eventual arrest of his co-perpetrators in the alleged extrajudicial killings during his administration’s war on drugs campaign, ICC-registered Assistant Counsel Kristina Conti said.

One of the most prominent names would be that of Senator Bato Dela Rosa, whom Conti said they have long sought after.

“Well, this is an all-clear signal to continue with determination of who are the other co-participators of Duterte. Well, generally the ICC has an idea, but I would guess this green light the application for additional warrants,” she said during a recent interview with ANC Dateline Philippines.

“With this decision, we know what the resolution will be, that the ICC will affirm jurisdiction. So if anyone is arrested, including Senator Bato de la Rosa, whom we have long sought after as one of the co-perpetrators, I would say it's best to get things over and done,” she added.

The ICC has rejected the jurisdiction challenge filed by the Duterte camp, affirming that it has jurisdiction over the crimes committed in the country between Nov. 1, 2011 and March 16, 2019, when the Philippines’ withdrawal from the Rome Statute took effect.

Conti explained that the ICC Prosecution is now backed by “the facts” that the Court has jurisdiction over the case and they can therefore apply for warrants of arrest for Duterte’s co-perpetrators.

The lawyer suggested that Dela Rosa, who was Duterte’s chief of the Philippine National Police (PNP) during “Operation Tokhang,” should submit himself to the jurisdiction of the court “and question the case on its merits.”

While she said that Duterte’s co-perpetrators are not barred from questioning the ICC’s jurisdiction, similar to what the former leader’s defense team has done, the recent ruling should give them “an inkling already of what the Court thinks.”

This is especially true if the appeals chamber—the final arbiter of ICC rulings—will rule on the side of the ICC’s Pre-Trial Chamber I, which adjudicated on the jurisdiction challenge.

“And the new accused will not trace other facts or contrary facts. I would say they would have to raise new arguments,” she pointed out. “Moving forward, I would be more, I would be welcome to look at whatever jurisdiction challenge future arrestees would mount, considering it will be the same fact and the same law to be considered.”

With the jurisdiction challenge rejected, Duterte’s only remaining petition pending before the ICC is his camp’s request to adjourn all legal proceedings against the former leader because he is allegedly unfit to stand trial.

The former president was supposed to face the pre-trial chamber for a Sept. 23 confirmation of charges hearing, but this was postponed after his lead counsel Nicholas Kaufman claimed he’s unfit to stand trial.

Kaufman cited Duterte’s declining cognitive abilities, claiming that he is now unable to dates, events, and family members.

The ICC has appointed a team of medical experts to examine and assess Duterte’s fitness to stand trial. A report is expected by the end of this month.