S TAT E L E S S B Y D E C R E E S TAT E L E S S B Y D E C R E E I n te r n a t i o n a l L e g a l Fra m ew o rk “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality…” Article 15 (1) & (2) of the Universal Declaration of Human Rights The Right to Nationality, as set out in the Universal Declaration of Human Rights (UDHR), is a well-developed and entrenched principle of international human rights law. This right – as many other rights before – has been the subject of a tug-of-war between asser tions of state sovereignty on the one hand, and individual rights on the other. The current scope of international law, as captured in the Principles on Deprivation of Nationality as a National Security Measure, recognises the sovereign right of states to determine their own nationality laws (and thereby determine who is and is not recognised as a citizen), but applies a framework within which such nationality laws should operate. 11 Accordingly, basic principles – including the prohibition of discrimination, the prohibition of arbitrariness, the avoidance of statelessness and respect for other basic human rights – must be reflected in the nationality laws of states. While international law does – in exceptional circumstances - provide room for states to deprive nationality of their citizens, these powers must f it within this framework. If they are arbitrary, if they are discriminatory, if they result in statelessness, if they are applied without any procedural safeguards, or if they lead to signif icant other breaches of human rights law, then they are not permissible. This basic rule is ar ticulated in the Principles on Deprivation of Nationality as follows: 4.2. Where a State, in exception to this basic rule, provides for the deprivation of nationality for the purpose of safeguarding national security, the exercise of this exception should be interpreted and applied narrowly, only in situations in which it has been determined by a lawful conviction that meets international fair trial standards, that the person has conducted themselves in a manner seriously prejudicial to the vital interests of the state. 4.3. The exercise of this narrow exception to deprive a person of nationality is further limited by other standards of international law. Such limitations include: 4.3.1. The avoidance of statelessness; 4.3.2. The prohibition of discrimination; 4.3.3. The prohibition of arbitrary deprivation of nationality; 4.3.4. The right to a fair trial, remedy and reparation; and 4.3.5. Other obligations and standards set forth in international human rights law, international humanitarian law and international refugee law. 12 OVERVIEW 1111