A Typology of Statelessness
British people’s lives to go looking for terrorists or former terrorists in a failed
state’.110 Additionally, the Prime Minister’s Official Spokesperson added that
[a]ny British citizen who does return from taking part in the conflict must be in no
doubt they will be questioned investigated and potentially prosecuted. … Whatever
the circumstances of an individual case we have to and we will protect the public.111
It should be noted the two statements convey contradictory messages. While
the UK Security Minister indicated that Begum may no longer be granted legal
recognition by the United Kingdom, the Prime Minister’s Official Spokesman
confirmed her domestic legal liability.
The Government’s incoherent handling of the case changed four days later,
however, when Begum was asked to give a second interview. The media
confronted her with a line of argument similar to that used by the UK Security
Minister. She was accused of having endorsed and helped an enemy of Britain by
joining the ISIL. The media demanded that she condemn and apologise for the
Manchester Arena, an action by an extremist suicide bomber that killed 23 people
during a concert, which was later claimed by ISIL.112 Begum replied that this
attack was a justified act of retaliation for the murder of innocent women and
children in Baghuz, although she also felt that it was generally wrong to kill
innocent people.
In response, the UK Home Secretary publicly announced the Home Office
intended to coercively denationalise Begum. He argued that, in accordance with
the 1961 Convention on the Reduction of Statelessness (‘1961 Convention’), the
coercive denationalisation of Begum was permissible because, under Bangladeshi
law, the 19-year-old would have a right to Bangladeshi nationality as she was born
to a Bangladeshi parent. However, Bangladeshi officials have contested this
argument. Despite this contestation, the Supreme Court of the United Kingdom
(‘Supreme Court’) dismissed Begum’s appeal in February 2021, thereby rendering
her de jure stateless.
The Supreme Court offered four reasons for its dismissal. At least two of them
strongly indicate that legal non-recognition and social non-recognition are closely
intertwined. First, the judges argued that ‘there was no evidence before the Court
as to whether the national security concerns about Ms Begum could be addressed
and managed by her being arrested and charged upon her arrival in the UK’.113
Second, they confirmed that the Home Secretary was rightly ‘not satisfied that
depriving Ms Begum of British citizenship would expose her to a real risk of
mistreatment within the meaning of his policy’.114 Both justifications create a
public image of Begum that makes her seem like a pathologically dangerous
monster who cannot be prosecuted legally and is not worthy of any rights. Hence,
they suggest that she is not only without legal, but also social, recognition.
110 Amy Walker and Patrick Wintour, ‘UK Will Not Put Officials at Risk to Rescue Isis Britons,
111
112
113
114
Says Minister’, The Guardian (online, 14 February 2019) <https://www.theguardian.com/uknews/2019/feb/14/uk-isis-britons-officials-risk-syria-schoolgirl-shamima-begum>, archived
at <https://perma.cc/9G6M-NKBK>.
ibid.
For a more general discussion of the media asking Muslims to condemn terrorism being a tool
of dehumanisation, see Asim Qureshi, I Refuse to Condemn: Resisting Racism in Times of
National Security (Manchester University Press 2020).
R (Begum) v SIAC; R (Begum) v SSHD; Begum v SSHD [2021] UKSC 7; [2021] AC 765.
ibid.
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