Legal value of the Convention in the legal system In paragraph 44, the report refers to the declaratory judgement rendered by the Supreme Constitutional Court (SCC) in Case No. 4 of 2017, dated 12 March 2018, regarding the legal status of international treaties in the Palestinian legal system. The SCC decision affirmed that international conventions take precedence over domestic legislation whereby the norms of such conventions acquire superior force to domestic legislation, in keeping with the national, religious, and cultural identity of the Palestinian people. The SCC decision was made in the absence of an explicit constitutional or legal provision, which demonstrates the legal force of international conventions in Palestine. Consequently, the ICHR has been concerned about the claim that the provisions of international conventions are in conflict with the national, religious, and cultural identity of the Palestinian people can potentially be used as a basis for failing to apply, or formulating reservations to, some of these conventions. The obscure terms used by the SCC render accession to international conventions meaningless. Accordingly, the State of Palestine would derogate from its obligations, including in relation to harmonising domestic legislation and correcting national policies. Such obligations could not, therefore, be invoked before national courts. General measures of implementation − The report does make a mention of a primary obligation of the Palestinian government, namely, the status of implementation of the ICESCR provisions in the entire Palestinian territory. While the Gaza Strip is under the de facto authority of Hamas, Israel retains full security and administrative control over Area C. Therefore, the provisions of both domestic legislation and the Convention cannot be enforced in both areas. Still, the State of Palestine’s report does not outline any measures or intentions, ensuring that the provisions of the Convention will be implemented in all parts of the State of Palestine. − The report does not make clear whether any measures or actions have been taken by the Palestinian government and/or judicial bodies to implement international conventions and invoke relevant provisions before national courts. According to ICHR monitoring, the official position suggests a vague approach to adopting measures, which would ensure the enforcement of international human rights conventions on the domestic judicial system of Palestine. − Based on judicial interpretation, the State of Palestine has not developed a formula, which provides the needed mechanisms for incorporating international conventions into the domestic legal system. The ICESCR has neither been published in the Palestinian Official Gazette nor has it been made publicly available. 5