THE prosecution at the International Criminal Court (ICC) has opposed the defense’s request for stricter authentication requirements for open-source and user-generated digital evidence in the case against former Philippine president Rodrigo Duterte.
In a public redacted filing dated September 4 and made public on September 9, the prosecution asked Trial Chamber III to reject the defense proposal to amend the court’s E-Court Protocol to require more systematic technical and expert verification of online materials that may be presented as evidence.
The defense had sought stronger safeguards for materials such as social media posts, videos, photographs and online articles, citing the possibility that digital content could have been altered, manipulated or generated using artificial intelligence.
The prosecution, however, argued that requiring expert verification for every piece of open-source or user-generated material would be unnecessary and could make the proceedings more burdensome and time-consuming.
Instead, the prosecution maintained that questions on the authenticity and reliability of digital evidence should be addressed on a case-by-case basis when the material is formally presented to the Chamber.
“Whether a party adduces an expert report alongside open source or user-generated evidence that it seeks to formally submit in the trial will become clear upon the party’s application to the Chamber,” the prosecution said.
The prosecution also opposed the adoption of a rigid checklist under the E-Court Protocol, arguing that such a system would not necessarily improve the assessment of digital evidence.
At the same time, the prosecution acknowledged that some digital materials may require forensic examination, particularly anonymous or technically complex multimedia that could involve artificial intelligence-generated content or digital alteration.
It also recognized that the presence of a URL alone would not be sufficient to establish the authenticity of open-source digital evidence.
The dispute over digital evidence comes as the ICC continues preparations for Duterte’s trial, which is scheduled to open on November 30, 2026.
The case involves allegations concerning killings and other acts allegedly committed between November1, 2011 and March 16, 2019, when Duterte was first mayor of Davao City and later president of the Philippines. The ICC warrant of arrest alleged crimes against humanity in connection with a widespread and systematic attack against a civilian population.
Duterte was arrested in March 2025 after the ICC issued a warrant for his arrest. He was surrendered to the court on March 12, 2025 and made his initial appearance through a video link two days later.
On April 23, 2026, the ICC Pre-Trial Chamber unanimously confirmed the charges against Duterte and committed the case to trial.
The prosecution’s evidence in the case has included various types of material, including witness accounts, public statements and speeches, government and law enforcement records, audiovisual material, financial records, forensic evidence, reports from international and nongovernmental organizations, and media reports.
The latest dispute does not concern whether Duterte is guilty or innocent. It centers on how electronic evidence should be submitted and authenticated before the Trial Chamber and whether the existing E-Court Protocol needs to be amended.
The E-Court Protocol was developed by the ICC Registry to govern the electronic submission and handling of evidence, witness information and victims’ information in court proceedings.
Trial Chamber III, which is handling the case, is composed of Presiding Judge Joanna Korner, Judge Keebong Paek and Judge Nicolas Guillou.
The Chamber will ultimately determine whether changes to the existing procedures for open-source and user-generated material are necessary as the case moves toward trial.
The defense’s request and the prosecution’s response are among the latest procedural filings in the case ahead of the scheduled trial opening. DEF
