to continue to work in this area....”); U.N. SecretaryGeneral, Guidance Note of the Secretary General:
The United Nations and Statelessness, June 2011 at
3 (“The U.N. General Assembly has entrusted the
Office of the United Nations High Commissioner for
Refugees (UNHCR) with a mandate relating to the
identification, prevention and reduction of statelessness and protection of stateless persons.”), available
at <http://www.unhcr.org/refworld/pdfid/4e11d5092.pdf>.
ly commemorated throughout the year. See, generally, UNHCR Intergovernmental meeting at Ministerial
level: Closing remarks by the United Nations High
Commissioner for Refugees (8 December 2011) available at <http://www.unhcr.org/4ef094a89.html>.
UNHCR is best known as the international agency
mandated from its inception in 1951 by the U.N. General Assembly with responsibility for providing international protection to refugees and others of concern, and together with governments, for seeking
permanent solutions for their problems. Statute of
the Office of the UNHCR ¶ 1, U.N. Doc. A/RES/428(v)
(Dec. 14, 1950); see also, 1951 Convention relating to
the Status of Refugees, July 28, 1951, 19 U.S.T. 6259
and 1967 Protocol relating to the Status of Refugees,
Jan. 31, 1967, 606 U.N.T.S. 267.
15 In this landmark decision the U.S. Supreme Court
struck down a law authorizing the deprivation of citizenship as punishment for conviction by court martial of wartime desertion. More fully, the Supreme
Court stated:
It is important to note that UNHCR’s mandate concerning statelessness worldwide does not necessarily extend to all stateless persons. Under Article 1 of
the 1954 Convention relating to the Status of Stateless Persons, Sept. 28, 1954, 360 U.N.T.S.117 (1954
Convention), those stateless “persons with respect to
whom there are there are serious reasons for considering that: (a) They have committed a crime against
peace, a war crime, or a crime against humanity...; (b)
They have committed a serious non-political crime
outside the country of their residence prior to their
admission to that country; (c) They have been guilty
of acts contrary to the purposes and principles of
the United Nations” are excluded from the scope of
the Convention and are not viewed as deserving of
international protection or as persons of concern to
UNHCR. Article 1 also excludes those who have already obtained the rights and obligations accorded
to nationals in the country where they reside as well
as those who are already receiving the protection of
the United Nations. In addition, individuals who are
stateless based on having voluntarily renounced their
nationality for reasons of personal convenience may
not warrant international protection. It should be understood that a stateless individual who falls within
any of these exclusion grounds would not generally
be eligible for the protection, rights, or benefits discussed throughout this report.
13 The year 2011 also marked the 60th Anniversary
of the 1951 Convention relating to the Status of Refugees, July 28, 1951, 19 U.S.T. 625, which UNHCR equal-
38
14 U.S. Commemorations Pledges, Fact Sheet, Bureau of Population, Refugees, and Migration, December 7, 2011, available at <http://www.state.gov/j/prm/
releases/factsheets/2011/181020.htm>.
We believe, as did Chief Judge Clark in the court
below, that use of denationalization as a punishment is barred by the Eighth Amendment. There
may be involved no physical mistreatment, no
primitive torture. There is instead the total destruction of the individual’s status in organized
society. It is a form of punishment more primitive than torture, for it destroys for the individual
the political existence that was centuries in the
development. The punishment strips the citizen
of his status in the national and international
political community. His very existence is at the
sufferance of the country in which he happens
to find himself. While any one country may accord him some rights, and presumably as long as
he remained in this country he would enjoy the
limited rights of an alien, no country need do so
because he is stateless. Furthermore, his enjoyment of even the limited rights of an alien might
be subject to termination at any time by reason
of deportation. In short, the expatriate has lost
the right to have rights.
This punishment is offensive to cardinal principles for which the Constitution stands. It subjects the individual to a fate of ever-increasing
fear and distress. He knows not what discriminations may be established against him, what
proscriptions may be directed against him, and
when and for what cause his existence in his native land may be terminated. He may be subject
to banishment, a fate universally decried by civilized people. He is stateless, a condition deplored
in the international community of democracies.
It is no answer to suggest that all the disastrous
consequences of this fate may not be brought to
bear on a stateless person. The threat makes the
punishment obnoxious.
Citizens of Nowhere: