Duterte camp seeks stricter ICC rules for digital evidence

MANILA, Philippines — Citing the proliferation of misinformation online, the defense team of former president Rodrigo Duterte has asked the International Criminal Court (ICC) to adopt stricter protocols for verifying digital materials.

In a 12-page request dated Aug. 31 and released on Friday, defense lawyer Peter Haynes asked ICC Trial Chamber III to amend its e-Court Protocol to include an “expert verification” field.

The defense said a URL (uniform resource locator), or the web address where a material is found, is insufficient to establish its authenticity or reliability.

“The URL merely records the web location from which a piece of online content was collected; it cannot indicate its source,” the filing read.

Haynes added that extra caution is necessary to ensure evidence is properly verified before being submitted to the court.

“The current case operates in a uniquely challenging information ecosystem, in which a large volume of misinformation or ‘fake news’ has circulated, and will continue to circulate, online,” he wrote.

The proposed “expert verification” field would indicate whether an item submitted as evidence would be accompanied by an expert report.

It would also operate similarly to witness fields in the E-Court Protocol, which list metadata to be provided throughout the trial.

According to the defense, an expert report should detail the source of the material, its chain of custody, whether it is an original or copy, its metadata and other technical aspects. It should also identify steps taken to verify the material and determine whether it had been edited or manipulated.

The report should further include the qualifications and experience of the person who conducted the verification and the methodology used.

“Without this information, it would be very difficult for the Chamber to come to a view on the evidence’s relevance and admissibility,” Haynes said.

The prosecution has yet to comment on the request.

Duterte’s trial is expected to begin on Nov. 30.