The ICC prosecution opposes a request by former President Rodrigo Duterte’s defense team to require expert verification for open-source and user-generated materials submitted as evidence in his trial. The defense has proposed amending the court’s E-Court Protocol so that expert reports accompany all such submissions, arguing this is needed to prevent the case from being burdened with content that may be of dubious relevance, authenticity, or reliability.
In its response, the prosecution says the trial chamber should not adopt a blanket requirement. Instead, it urges the court to decide whether verification by experts is necessary on a case-by-case basis, depending on the specific materials at issue. This approach is presented as more consistent with how evidentiary reliability concerns can be addressed in individual instances rather than through an across-the-board procedural change. The dispute centers on how open-source evidence is vetted and presented within ICC proceedings, and who carries the burden for establishing reliability.
Overall, both outlets report that the prosecution is asking Trial Chamber III to reject the defense proposal, while the defense seeks protocol changes aimed at strengthening how open-source materials are handled.
