...of the Rome Statute followed closely Article 18 of the VCT - and was designed to avoid the consequences of being under an obligation to follow object and purpose of signed, but not ratified coventions under the same Article.In addition, the Supreme Court, in
Sosa v. Alvarez-Machain, has now recognized customary international law as part of federal law. Unratified treaties are often regarded as an expression of customary law - often, that is, not in every instance. But that makes them even more meaningful, even within the US legal order....