International law within the Palestinian legal system : a call for granting human rights treaties a special constitutional status

Abstract

The hierarchical status of international treaties within the domestic system of states varies from one state to another depending on each state’s approach and understanding of international law. While most states do not differentiate between the constitutional hierarchical status of international human rights treaties and other types of international law treaties, some progressive states accord human rights treaties a special constitutional status. While the legal system in Palestine does not establish the constitutional hierarchy of international treaties within Palestine, the Palestinian Supreme Constitutional Court (SCC) dueled upon the issue recently. This article provides a critical review of the SCC’s decisions while advancing the argument that international human rights treaties should be accorded a special constitutional status within the Palestinian legal system.