Key Threats of Statelessness in the Post-Secession sudanese 241 range of individuals with familial and ethnic affinities to South Sudan will acquire South Sudanese citizenship ex lege without any guarantee that they will have a practical or effective link with the new state as might otherwise be established by their habitual residence. Second, there will continue to be a group of individuals that are actually habitually resident in South Sudan but cannot acquire citizenship due to their lack of a relevant familial or ethnic connection. The resulting nationality regime is at once both over and under-inclusive. This situation is aggravated by the absence of a general ius soli right to citizenship for children born in South Sudan. Whereas Article 8(4) of the South Sudanese Act contains a modified ius soli right, its application is restricted to children found in South Sudan ‘(…) as a deserted infant of unknown parents (…)’.21 No provision is made for children who are born in South Sudan to parents who are themselves stateless or citizens of states that adhere strictly to the principle of ius soli, and so are unable to pass on their citizenship to children born abroad.22 For those children born to stateless parents this will mean that statelessness is passed on from generation to generation like a hereditary disease.23 This issue is specifically addressed in Article 13 of the ILC Draft Articles, A child of a person concerned, born after the date of the succession of States, who has not acquired any nationality, has the right to the nationality of the State concerned on whose territory that child was born.24 The ILC Draft Articles are otherwise limited to considering ‘(…) nationality solely in relation to the occurrence of a succession of States.’25 In this case the ILC recognized ‘(…) the need for an exception from the rigid definition ratione temporis (…) for addressing also the problem of children born after the succession of States from parents whose nationality (…) has not been determined.’26 21 22 23 24 25 26 The Nationality Act (South Sudan) (n 3), art. 8(4). 1961 Statelessness Convention (n 10), art. 1(a), 4; Convention on the Rights of the Child 1577 UNTS 3, art. 7; Report of the Secretary-General (n 10), para 37; ‘In view of the nearly universal ratification of the Convention on the Rights of the Child, the principle of jus soli (citizenship based on the place of birth) has emerged as the overriding international norm governing the nationality of children born to non-citizen parents.’ David Weissbrodt, The Human Rights of Non-Citizens (OUP 2008) 75. Hudson (n 13), para 17. ILC Draft Articles (n 7), art. 13. ILC Draft Articles (n 7), art. 13 commentary para 1. ILC Draft Articles (n 7), art. 13 commentary para 1. tilburg law review 19 (2014) 236-247