2021
Statelessness & Citizenship Review
3(1)
It is the same politic of division that justified the creation of artificial borders
by the Anglo–French alliance in the secret Sykes–Picot Agreements. France
created the State of Lebanon in Syria 60 and Britain divided Mesopotamia into the
new states of Iraq and Jordan. 61 Native populations disagreed with the new borders
set up by European colonial powers. For instance, the decision to annex the
Iskenderun Syrian district to the new State of Turkey, despite the fact that this
region was populated by a vast majority of Arabs who spoke the Syrian dialect,
was strongly contested. 62 The creation and separation of Lebanon from Syria was,
likewise, contested by native populations. 63 Moreover, Britain promised to create
‘a Jewish home’ in Palestine in the Balfour Declaration, 64 paving the way for the
mass displacement of millions of Palestinians and the current Israeli–Palestinian
conflict. 65 The Kurdish people were initially promised a State in the Treaty of
Sèvres, 66 but were later stripped of their right to self-determination 67 after
renegotiations with Turkey in the Treaty of Lausanne. 68 As a result of this
decision, the Kurds have been left without a state and form today the largest nation
without a country in the world. 69
The dislocation of the former Ottoman Empire had a direct impact on
citizenries that explain current nationality rules in the Middle East. With the
creation of new states naturally came the necessity to determine which citizens
belonged to each State. 70 European colonial powers established the new
nationality rules that would apply after the dissolution of the Ottoman Empire in
art 30 of the Treaty of Lausanne, according to which:
Turkish subjects habitually resident in territory which in accordance with the
provisions of the present Treaty is detached from Turkey will become … nationals
of the State to which such territory is transferred. 71
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61
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63
64
65
66
67
68
69
70
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Lebanon — as we know it today — was not a state before France created it in 1923. See Fildis
(n 20) 133.
Barr (n 21).
Haitham Manaa, Stateless Persons in Syria (Report, Arab Commission on Human Rights
2004) <http://hem.bredband.net/dccls2/r1.htm>.
Khoury, Syria and the French Mandate (n 43).
Imperial Conference 1926 (Report No E(IR/26), Inter-Imperial Relations Committee 1926).
Gardner Thompson, Legacy of Empire: Britain's Support of Zionism and the Creation of
Israel (Saqi Books 2019) 4.
Treaty of Peace Between the Allied and Associated Powers and Turkey, signed 10 August
1920) (‘Treaty of Sèvres’). Kurdistan was an independent state before the Ottoman invasion
in the 15th century. See Philip G Kreyenbroek and Stefan Sperl, The Kurds: A Contemporary
Overview (Routledge 2005) 12.
Although the right of ‘self-determination’ was not part of international law until it was
introduced in the UDHR (n 6) in 1948, this legal concept can be found in earlier speeches and
declarations. Notably, former President of the United States Woodrow Wilson was a driving
force behind the adoption of the right to self-determination in several treaties, including the
Covenant of the League of Nations. See Antony Anghie, ‘Colonialism and the Birth of
International Institutions: Sovereignty, Economy, and the Mandate System of the League of
Nations’ (2002) 34(3) New York University Journal of International Law and Politics 513;
Trygve Throntveit, ‘The Fable of the Fourteen Points: Woodrow Wilson and National SelfDetermination’ (2011) 35(3) Diplomatic History 445.
Treaty of Peace with Turkey Signed at Lausanne, signed 24 July 1923 (entered into force 6
August 1924) (‘Treaty of Lausanne’).
Bekir Halhalli, ‘Kurdish Political Parties in Syria: Past Struggles and Future Expectations’ in
Emel Elif Tugdar and Al Serhun (eds), Comparative Kurdish Politics in the Middle East
(Palgrave Macmillan 2018) 27–53.
Laura van Waas, The Situation of Stateless Persons in the Middle East and North Africa
(Report, UNHCR 2010) 6.
Treaty of Lausanne (n 68) art 30.
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