PRINCIPLES ON DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE
7.2.1.1. Administering sanction or punishment;
7.2.1.2. Facilitating expulsion or preventing entry; or
7.2.1.3. Exporting the function and responsibility of administering justice
to another State.
7.2.2. Regardless of the stated purpose, any punitive impact incurred by
deprivation of nationality is likely to render this measure incompatible
with international law.
7.3.
Legality
There must be a clear and clearly articulated legal basis for any
deprivation of nationality. This requires inter alia that:
7.3.1. The powers and criteria for deprivation of nationality are provided in law,
publicly accessible, clear, precise, comprehensive and predictable in order
to guarantee legal certainty;
7.3.2. The power to deprive nationality must not be enacted or applied with
retroactive effect; and
7.3.3. Deprivation of nationality must only be considered lawful if it is carried
out by an appropriate and legally vested competent authority whose
deprivation powers are clearly established by law.
7.4.
Necessity
The deprivation of nationality as a national security measure must be
strictly necessary for achieving a legitimate purpose, which is clearly
articulated.
7.5.
Proportionality
The decision to deprive someone of their nationality must respect the
principle of proportionality. This requires that in any case of deprivation:
7.5.1. The immediate and long-term impact of deprivation of nationality on the
rights of the individual, their family, and on society is proportionate to the
legitimate purpose being pursued;
7.5.2. The deprivation of nationality is the least intrusive means of achieving the
stated legitimate purpose; and
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