11.2. States must not undermine the principle of reciprocity or commitments to international cooperation, by stripping a person of nationality, expelling a person to a third country or subjecting a person to removal proceedings, thereby exporting the stated security risk to a third country and failing to take responsibility for their own nationals. 11.3. States are obligated to take responsibility for their own citizens and to investigate and prosecute crimes and threats to national security through their national criminal justice frameworks in accordance with international standards. administrative mechanisms for addressing claims of right violations under domestic law. UN Security Council Resolution 2178 (2014): “ … Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counterterrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity. 190. A key principle of international law, also in view of the UN Charter, is the duty of States to cooperate and to maintain peaceful and friendly relations and adhere to the principle of reciprocity. As a further explication, the 1970 Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States contains duty to co-operate with other States in the maintenance of international peace and security. Successive UN Security Council Resolutions reaffirm this duty to co-operate specifically with regards to “the fight against terrorism 321 and “efforts to address the threat posed by foreign terrorist fighters 322 191. Although a State depriving a person of nationality may argue that this is necessary for its own security, the national security of another State may be jeopardised by this action and so too the collective efforts of states to combat international terrorism: “The practice of depriving of their nationality persons involved in terrorist activities (including “foreign fighters”) or suspected of such involvement may lead to the “exporting of risks”, as those persons may move to or remain in terrorist conflict zones outside [the country which has deprived them of nationality]. Such a practice goes against the principle of international cooperation in combating terrorism, reaffirmed, inter alia, in United Nations Security Council Resolution 2178 (2014) which aims at preventing foreign fighters from leaving their State of residence or nationality, and may expose local populations to violations of international human rights and humanitarian law. It also undermines the State’s ability to fulfil its obligation to investigate and prosecute terrorist offences. In this context, deprivation of 321 Including UN Security Council Resolutions 1566 (8 October 2004) UN Doc S/RES/1566 (2004); 1624 (14 September 2005) UN Doc S/RES/1624 (2005). 322 Including UN Security Council Resolutions 2178 (24 September 2014) UN Doc S/RES/2178 (2014); 2396 (21 December 2017) UN Doc S/RES/2396 (2017). 90

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