The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court

The treaty as an International document has a close connection with the custom. Article 10 of the Statute of the International Criminal Court referred to the possibility of coexistence between the custom and treaty. This question arises that whether the International Criminal Court is obliged to follow the custom subsequent the statute? And can other courts and tribunals consider the custom subsequent the Statute of the Tribunal or are they subject to the Statute? In addition, the association of the Statute with the custom is important. Furthermore, the question of the executive scope of this Article; the existing and developing rules of international law; and the position of the principle of the legality of crimes and punishmemts, and its compulsory effect i.e. the non-retroactive principle will arise.
It is concluded in this paper that upon insertion of Article 10 into the Statute,a communication tactic between the rights contained in the Rome Statute and the rights outside of the Statute has been created in order to enhance the development of International Criminal Law and the subsequent custom