270. With regard to Simatović’s reliance on the Rome Statute, the Appeals Chamber observes that the ICTY Appeals Chamber in the Šainović et al. Appeal Judgement considered a similar argument and concluded that the adoption of an international treaty does not necessarily prove that states consider the content of that treaty to express customary international law.[1] The Appeals Chamber further recalls that the Rome Statute, as a multilateral treaty, is not binding on it.[2] Consequently, Simatović fails to justify why the Appeals Chamber should rely on the Rome Statute rather than its own jurisprudence and that of the ICTY and ICTR.