38
S. MANTU
of creating statelessness remains intact, the new provisions would have affected primarily
French citizens who hold another nationality, thus alluding to their or their parents’ immigrant background. The initiators of the citizenship deprivation reform and the Council of
State stressed the limited and primarily symbolic effect of the proposed changes. Moreover,
since France is bound by several human rights conventions, concerns were expressed that
citizenship deprivation may lead to the creation of de facto stateless persons: persons
deprived of French citizenship who cannot be expelled because their country of nationality
does not recognize them as nationals or refuses to take them back. In the end, the
Constitutional Bill was withdrawn on 30 March 2016 by President Hollande after the failure
of the two houses of Parliament to agree on a similar text (Finchelstein 2017, 105). Politically,
citizenship deprivation seems to have reached a dead end.
Concluding remarks
Usually, citizenship deprivation powers are presented as administrative measures, part of
counter-terrorism strategies allowing the state to effectively fight terrorist threats (Van Ginkel
and Entenmann 2016, 5; 58). At the international and EU levels, there is a trend toward
inscribing citizenship deprivation powers within frameworks designed to counter terrorism,
including preventing the movement of foreign fighters who pose threats to their home
states upon return (Kraehenmann 2014, 55). The two national cases examined in this article
suggest that the depiction of citizenship deprivation as a deterrent measure undertaken by
states to stop terrorist citizens is to a certain extent reductionist, as it obscures the fact that
the transformation of state power to deprive of citizenship started before 9/11 and can be
inscribed within a nationality–immigration–security nexus. Terrorism has been credited with
starting a process of renegotiation of the social pact that led to the transformation of the
very model of citizenry (Salerno 2017, 82). The remaking of the citizenry is not only a social
and political process, but also a legal one as it relies on law to impose ideas of how citizens
should behave and what happens to them when they misbehave. In line with Salerno’s (2017,
89) observation that ‘the politics of identity and belonging are preliminary to any security
action’, it is not so surprising that nationality law due to its strong links with identity (Volpp
2002, 580) becomes one of the sites in which the citizenry is remodeled by making it possible
to oust out of its midst ‘terrorist’ citizens. The two cases examined illustrate how citizenship
deprivation powers have been amended to this end, as political considerations concerning
national security have taken center stage in this process rather than human rights and international nationality obligations.
Generally, we can speak of the convergence of legal standards that states must take into
account when trying to deprive of citizenship due to the anchoring of nationality issues
to human rights. Arbitrary deprivation of nationality is prohibited and understood to
include cases where the person is deprived with a view to make expulsion or deportation
possible. The prohibition of statelessness should function as a pillar of protection but the
existence of divergent legal standards concerning citizenship deprivation on terrorism
grounds leading to statelessness (UN v. ECN) complicates matters. It also leads to a variable
geometry of protection linked to the different international agreements to which states
are bound. The French and the British cases show that, even within Europe, states have not
ratified the exact same instruments and that national preferences and national expressions
of sovereignty continue to play a role in shaping the protection that citizens can expect