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to incorporate large numbers of migrants present on their territories (Howard 2010; Joppke
2010). British and French political and parliamentary debates concerning citizenship deprivation highlight fears that by making citizenship acquisition easier and relaxing dual nationality rules, national citizenship becomes lighter and loses its exceptionality. In these cases,
making it easier to lose citizenship becomes the reverse side of ‘citizenship-light’ as a way
to reassure native populations of citizenship’s worth (Home Office 2002; Mantu 2015, 182;
249). Focusing on France, Kingston (2005, 24) argues that we are witnessing a new way of
conceptualizing state power since depriving individuals of their citizenship status is a form
of penal sanction to be applied to citizens in response to perceived crimes against public
security by act or association. The symbolic deployment of citizenship deprivation powers
to deal with dangerous citizens and police the boundaries of the nation can also be discussed
in light of their historical use to question the citizenly credentials of naturalized citizens and
of citizens with a foreign background during politically or economically unstable times
(Mantu 2015, 339). This allows for a discussion of such powers as part of the design of modern
nationality legislations and embedded in the configuration of citizenship (as both legal
status and belonging) in relation to an inclusion/exclusion binary. Their analysis suggests a
complex picture in which citizenship deprivation targeting dual nationals and citizens with
an immigrant background points toward interlinkages between migration, asylum, and
notions of (in)security, which should help us examine critically the claim that citizenship
deprivation is primarily linked to counter-terrorism strategies.
This article moves away from normative discussions concerning the legitimacy of citizenship deprivation in liberal democracies. Instead, the focus is on the legal configuration of
the human right to nationality and its impact on attempts to change nationality laws in the
UK and France to make it easier for the executive to deprive of citizenship on national security
grounds. The argument it puts forwards is that ‘terrorist’ citizens enjoy the right to a nationality and that state measures stripping them of their status must comply with legal standards
developed to protect this right. Although nationality is seen as part and parcel of state
sovereignty, states do not enjoy unrestricted powers when it comes to the regulation of
their nationality laws. As members of the international community of states, the UK and
France are bound by jus cogens norms applicable in the field of nationality and by any other
multilateral or bilateral agreements they have entered into addressing nationality and human
rights issues. The interplay between international legal standards concerning nationality
and the national practice of citizenship deprivation powers in France and the UK shows both
the limits and success of regulating nationality issues at supranational levels.
The human right to nationality
The power of the state to take away nationality needs to be examined in light of the human
right to nationality. Since a state’s nationality decisions will produce legal effects within its
own internal order as well as at the international level, states have acknowledged the need
to agree on a modicum of nationality standards that shape their powers to act in this field
(Kesby 2012; Spiro 2011). In the current state of development of international law, citizenship
deprivation is not per se arbitrary since states are entitled to withdraw nationality against the
wishes of the person concerned, provided that certain legal safeguards are respected. These
safeguards stem from a variety of sources adopted at international, regional and national
levels. They include human rights obligations, such as the prohibition of arbitrary deprivation