ICC Tightens Digital Evidence Rules Ahead of Duterte Trial

The International Criminal Court (ICC) has amended its E-Court Protocol ahead of the upcoming trial of former Philippine President Rodrigo Duterte, introducing new requirements for handling digital evidence and its metadata.

The amended protocol sets standards for how electronic evidence, potential evidence and related materials are prepared and submitted to the court. The changes are intended to improve the management of digital evidence during proceedings.

One of the key changes is a new URL metadata field for open-source and user-generated evidence. The field is designed to record the URL associated with material at the time it was captured, providing investigators and legal teams with additional information about the origin of online evidence.

The court rejected a separate defense request for an expert-verification metadata field covering open-source and user-generated evidence. Judges said requiring such material for all evidence could create unnecessary work and potentially delay the proceedings.

The amended protocol was formally submitted by the ICC Registry on October 1, 2026. Duterte's trial is currently scheduled to begin on November 30, 2026.

For digital-forensics professionals, the change highlights the growing importance of documenting the source, metadata and provenance of online evidence before it reaches court.