ICC denies Duterte defense request for expert verification of open-source evidence
The ICC’s Trial Chamber III rejected former President Rodrigo Duterte’s lawyers’ bid to add an expert verification step for open-source evidence, citing potential trial delays.
In a decision dated Sept. 28, the ICC’s Trial Chamber III turned down a request from Rodrigo Duterte’s defense team to require expert authentication of all open-source evidence in his crimes-against-humanity case. Led by British barrister Peter Haynes, the defense sought to amend the court’s E-Court Protocol to add an “expert verification field” for user-generated material. The chamber argued that such a requirement would be unnecessary and could cause a needless delay to the trial’s commencement.
It instead endorsed the prosecution’s suggestion to attach a URL to each evidence item for easier source identification. The court ordered the ICC Registry to apply this amendment by Oct. 2, less than two months before the trial begins. Duterte, detained in The Hague, faces three murder counts linked to the alleged Davao Death Squad killings, which watchdogs estimate at around 30,000 deaths.
Why it matters
The ruling shapes how the ICC will handle digital evidence in a high-profile trial against a former head of state.
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