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 fol...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2018-05-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_8607_f2611adadd5b7a4a6fdfaf7dec9c808a.pdf |
| _version_ | 1827385234505596928 |
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| author | هیبت الله نژدی منش Hajar Raee Dehghi |
| author_facet | هیبت الله نژدی منش Hajar Raee Dehghi |
| author_sort | هیبت الله نژدی منش |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T15:17:13Z |
| format | Article |
| id | doaj.art-642c004d968f4387bf38989e7258d237 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:13Z |
| publishDate | 2018-05-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-642c004d968f4387bf38989e7258d2372024-01-10T10:51:02ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162018-05-01195813716310.22054/qjpl.2017.15574.13708607The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Courtهیبت الله نژدی منش0Hajar Raee Dehghi1هیات علمی دانشگاه علامه طباطباییدانشجوی دکتری حقوق بین الملل عمومی دانشگاه علامه طباطبایی (نویسندهمسئول)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.https://qjpl.atu.ac.ir/article_8607_f2611adadd5b7a4a6fdfaf7dec9c808a.pdfkeywords: article 10statute of the international criminal courtsubsequent customexiting custominternational instrument |
| spellingShingle | هیبت الله نژدی منش Hajar Raee Dehghi The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī keywords: article 10 statute of the international criminal court subsequent custom exiting custom international instrument |
| title | The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court |
| title_full | The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court |
| title_fullStr | The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court |
| title_full_unstemmed | The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court |
| title_short | The Relationship between Subsequent Custom and Treaty within the Framework of Article 10 of the Statute of the International Criminal Court |
| title_sort | relationship between subsequent custom and treaty within the framework of article 10 of the statute of the international criminal court |
| topic | keywords: article 10 statute of the international criminal court subsequent custom exiting custom international instrument |
| url | https://qjpl.atu.ac.ir/article_8607_f2611adadd5b7a4a6fdfaf7dec9c808a.pdf |
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