Rodrigo Duterte's lawyers seek ICC digital evidence safeguards

Legal counsel for former Philippine President Rodrigo Duterte is requesting that the International Criminal Court (ICC) implement stricter safeguards for digital evidence ahead of his trial scheduled for November 30. In filings submitted to Trial Chamber III, the defense team, led by Peter Haynes, proposed amending the court’s E-Court Protocol to include an “Expert Verification” field.

The defense argues that the volume of evidence has expanded significantly, growing from approximately 5,000 items during the confirmation stage to over 25,000. A substantial portion of this material consists of open-source and user-generated content. Lawyers expressed concern that a simple URL field is insufficient to establish the authenticity, origin, or integrity of such materials.

Furthermore, the defense highlighted risks associated with the Office of the Prosecutor’s (OTP) microsite, “OTPLink,” which was designed for anonymous submissions. They warned that the system could be vulnerable to tampering or used by “nefarious actors” to transmit falsified, manipulated, or forged evidence. The defense is seeking verification reports from experts to confirm the source and preservation of digital materials to mitigate these risks.