Statelessness: A Modern History
determination, which empowered independent states to determine their own
membership without international interference. This, she argues, contributed to the
‘stabilization of the boundaries of international politics’. 18
Siegelberg’s conclusion takes us through to the modern day. It invites the reader
to connect the big questions of today to the broader transformations of the political
and legal order that have characterised our times. The reader is left reflecting on
how key debates from within this historic analysis of statelessness remain
unsettled and still have pertinence. The global push for ‘legal identit[ies] for all’, 19
for example, leaves us wondering whether the right to nationality has been
overwritten by the right to IDs and birth certificates, echoing the old debates of
citizenship as an abstract legal status versus the substantive content of
citizenship. 20 Increasing incidents of citizenship stripping leave us once again
contemplating moral obligations to limit the power of states to define their own
membership. 21 Also, the role of multi-national corporations in providing digital
technologies for state IDs concerns us, as we again reassess the role of non-state
entities that are unregulated by international norms. 22
To reflect back on Amartya Sen’s statement that state borders came to the
Rohingya, these borders have significant ramifications today. State borders were
drawn around the Rohingya homelands during and after some of the most intense
fighting of the Second World War as imperial Britain declined. Boundaries were
also drawn between states and the international legal sphere as a result of the
processes meticulously documented by Siegelberg. The impacts of these bordering
processes are not only felt today by Rohingyas, but also by the international
sphere. States and international organisations are confronting the constraints and
limitations of an international system that has provided legitimacy to the military
state in Myanmar on the one hand, and on the other has failed to protect Rohingyas
over decades from state crimes, including genocide and crimes against
humanity. 23 At the centre of all the violence is the figure of the stateless and
persecuted Rohingya knocking at the door of the United Nations asking for
protection and justice, just as her forbearers in the interwar years knocked at the
League of Nation’s door, as described in Siegelberg’s book. Siegelberg shows in
her book that concepts and ideas about statelessness were central to discussions
on the nature of international law and the international order. They remain so
today. Contemporary statelessness still arouses concerns about destabilisation and
chaos. They still inform debates about reshaping international political structures
18
19
20
21
22
23
ibid 226.
Transforming Our World: The 2030 Agenda for Sustainable Development, GA Res 70/1, UN
Doc A/Res/70/1 (21 October 2015, adopted 25 September 2015) para 16.9.
See Bronwen Manby, ‘“Legal Identity for All” and Statelessness’ (2020) 2(2) Statelessness
& Citizenship Review 271; Laura van Waas, ‘The Right to Legal Identity or the Right to Legal
ID?’, European Network on Statelessness (Blog Post, 1 May 2015)
<https://www.statelessness.eu/updates/blog/right-legal-identity-or-right-legal-id>.
See, eg, Amanda Western, ‘Lecture 2: A Fair and Effective Remedy? Shamima Begum,
botched legislation and the UK courts’ (Lecture, Global Seminar Series on Citizenship 23
March 2021) <https://www.institutesi.org/resources/global-seminar-series-on-citizenshipstripping-lecture>.
See Natalie Brinham et al, Locked in and Locked Out: The Impact of Digital Identity Systems
on Rohingya Populations (Briefing Paper, Institute on Statelessness and Inclusion and UN
Special Rapporteur on Racism November 2020).
United Nations Human Rights Council, Detailed findings of the Independent International
Fact-Finding Mission on Myanmar: Report to the 42nd session of the Human Rights Council,
UN Doc A/HRC/42/CRP.5 (16 September 2019).
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