should be mindful of the consequences and practical utility of rendering an
individual, deemed to be a threat to national security, as stateless. States
may find that other existing measures, such as criminal prosecution, may
more effectively achieve the aim of increasing national security.
Article 8 of the 1961 Convention sets out limited reasons by which States
may legitimately deprive an individual of nationality. Under these limited
exceptions, the 1961 Convention accepts that an individual may be left
stateless as a result of one of these grounds of deprivation. They include:
• where nationality was acquired on the basis of misrepresentation or fraud
(Article 8(2)(b)),
• where, inconsistently with the duty of loyalty to the State, nationals have
rendered services to or received emoluments from another State in disregard
of an express prohibition by the country of nationality (Article 8(3)(a)(i)) or
conducted themselves in a manner which is seriously prejudicial to the vital
interests of the State (Article 8(3)(a)(ii)
• where a national has taken an oath or made a formal declaration of
allegiance to another State or given definitive evidence of determination to
repudiate allegiance to the State (Article 8(3)(b)).
The second and third of these grounds are only permitted by the 1961
Convention where a State 1) already has legislation to that effect at the time
of ratification of or accession to the treaty and 2) has deposited a declaration
of its intention to retain the use of these grounds.
Where an individual is deprived of their nationality on the basis of
misrepresentation or fraud, the fraud or misrepresentation must have been
deliberate, and not the result of an honest mistake nor of minor errors or
discrepancies resulting from the poor quality of supporting documents from
civil authorities. The fraud must have been material, meaning it was actually
46