PHIn my view, the warrant of arrest is legal, however, I believe that the surrender is not. Because the surrender must be pursuant to a treaty and therefore our own law, Section 17 of Republic Act 9851, brought back the statute of Rome even after withdrawal because it requires that a surrender must be pursuant to the applicable treaty," the former associate justice said. "And therefore, in this case the applicable treaty remains the statute of Rome and thus, we have to follow Article 59 of the Statute of Rome that requires that the custodial state—namely the Philippines—must first bring the arrested person to a local court to determine two things," he added.
Source: You do not have permission to view the full content of this post. Log in or register now.