Duterte Camp Urges ICC for Stricter Digital Evidence Verification

The defense team of former President Rodrigo Duterte has requested the International Criminal Court (ICC) to adopt stricter protocols for verifying digital evidence. This plea stems from concerns over the proliferation of misinformation and "fake news" online, positioning the authenticity of evidence as a critical issue ahead of the former president's trial, scheduled to commence on November 30. In a 12-page submission dated August 31, defense lawyer Peter Haynes urged the ICC's e-Court Protocol to incorporate an "expert verification" field. Haynes contended that a Uniform Resource Locator (URL), or web address, alone is insufficient to establish the authenticity or reliability of evidence, stating that a URL merely records the web location from which online content was collected and cannot indicate its source. According to Haynes, evidence submitted should be accompanied by an expert report detailing the material's source, its chain of custody, whether it is an original or a copy, its metadata, and other technical aspects. The report should also identify the qualifications and experience of the individual who conducted the verification and the methodology employed. "Without this information, it would be very difficult for the Chamber to come to a view on the evidence’s relevance and admissibility," Haynes stated. The prosecution has yet to issue a comment on this request. Former President Duterte is under investigation by the ICC for alleged human rights abuses related to his administration's war on drugs. The defense's move raises questions about the handling of digital evidence in international judicial proceedings. Ensuring the credibility of online information when used as evidence presents a significant challenge for future legal processes in our increasingly digital world.