Rainer Bauböck
direct legal consequences, but also how they aim to force other states to react in a way that will
escalate a conflict at the expense of vulnerable groups. This applies to the recent weaponisation
of migration by regimes in Turkey, Morocco and Belarus as much as to the weaponisation of
citizenship.202 The citizenship policies of Russia203 but also of the United Arab Emirates and other
cases discussed in this forum are weapons that inflict harm through massive deception rather than
mass destruction.204 They promote misleading claims about belonging and state responsibilities and
fake solutions to the plight of minorities lacking effective citizenship rights. This does not make them
innocuous.
Exploring and strengthening the capacities of international law to censure policies of weaponising
citizenship seems therefore an important task within the broader agenda of preserving and
strengthening a rules-based international order, at the heart of which are the principles of equal
sovereignty of states and universal human rights. Even if the sceptics are correct that current
international citizenship law is weak and riddled with contradictions, this is no good reason for
abandoning efforts of thinking through how international law should and could be developed further
to prevent abusive state policies.
International law has only weak enforcement powers to back it up. International organisations
and courts do not have their own weapons to fight against the weaponisation of citizenship. They
depend on states’ willingness to do so. But a progressive evolution of international law could at least
remove the veneer of legality from aggressive and oppressive citizenship policies and thus provide
a mandate for other states to sanction transgressions.
A sliding scale of international norms
As Neha Jain and Peter Spiro point out,205 there are already a host of principles in international
law that could be invoked in attempts to outlaw the weaponisation of citizenship. The problem is
that these principles are often in tension with each other and how one evaluates individual cases
depends on how much weight is given to each. The two most important principles at stake are both
derived from the basic norm of equal sovereignty: States must respect the territorial integrity of other
states and they have the right to determine under their own law who are their nationals. The solution
to the apparent conflict is that the former aspect of state sovereignty ought to be clearly ranked
above the latter.
Such a ranking of principles should put to rest the worries of Džankić and Jacob-Owens that it
is not possible to distinguish in this regard between extraterritorial naturalisations carried out in
contested territories;206 the granting of citizenship to ethnic kin minorities in neighbouring states;
remedial naturalisation of descendants of minorities that have suffered historic injustices; or the
effects of unlimited ius sanguinis transmissions that create large numbers of citizens in destination
countries of historic emigration waves.
Where passportisation is used as a pretext for infringing on the territorial sovereignty of another
country – as in the Russian military intervention in Georgia in 2008 and the invasions of Ukraine
in 2014 and 2022 – it seems clear enough that international law condemns such aggression. This
verdict should be extended to cases where claiming citizens in another country has – for the time
being – primarily a destabilising effect, by creating client territories and de facto states that are
dependent on, or controlled by the citizenship granting state, as is arguably the case in Transnistria.
In such cases, territorial integrity is infringed not through overt military intervention, but through
depriving a state of sovereignty over a part of its territory through sponsoring irredentist forces.
202 Miholjcic N. (2022), Migration as an Instrument of Modern Political Warfare: Cases of Turkey, Morocco and Belarus, Jean Monnet
Network on EU Law Enforcement Working Paper 12/22.
203 Salenko A. (2012), Country report: Russia, EUDO Citizenship Observatory, Country Reports, 2012/01.
204 Alsabeehg Z. and Kuzmova Y. (2022), Report on citizenship law : United Arab Emirates, GLOBALCIT, Country Report, 2022/07.
205 Jain 2022; Spiro 2023.
206 Džankić 2022; Jacob-Owens 2022.
37
Robert Schuman Centre for Advanced Studies