69. When assessing whether deprivation of nationality (or denial of nationality) is contrary to Article 8 of the ECHR, the European Court of Human Rights examines: a) whether it was arbitrary, and b) the consequences for the individual: “In determining arbitrariness, the Court has had regard to whether the revocation was in accordance with the law; whether it was accompanied by the necessary procedural safeguards, including whether the person deprived of citizenship was allowed the opportunity to challenge the decision before courts affording the relevant guarantees; and whether the authorities acted diligently and swiftly.“123 70. Considering the above, it is possible to distil five core and interrelated components of the prohibition of arbitrary deprivation: (1) legitimate purpose; (2) firm legal basis; (3) necessity; (4) proportionality; and (5) procedural safeguards. These components are separately discussed in this Section, and a commentary for each of them is provided. It must be noted that the (non)arbitrariness test is a cumulative one: if a measure or decision falls short in any of these areas it must be understood to be arbitrary. It should further be noted that even if conditions (1) to (5) are satisfied, a deprivation of nationality decision may still be unlawful under international law if a competent authority fails to apply the overarching principles of the avoidance of statelessness and non-discrimination in reaching their decision. On the application or exercise of functions, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, has said: “ t he exercise of such functions and powers may never violate peremptory or non-derogable norms of international law, nor impair the essence of any human right. 124 7.2. Legitimate purpose PRINCIPLE LEGAL STANDARD 7.2.1. The following, among others, do not constitute legitimate purposes for deprivation of nationality: UDHR, Art. 9: “No one shall be subjected to arbitrary arrest, detention or exile. 7.2.1.1. Administering sanction or punishment; 7.2.1.2. Facilitating expulsion or preventing entry; or UDHR, Art. 13(2): “Everyone has the right to leave any country, including his own, and to return to his country. ICCPR, Art. 12(4): “No one shall be arbitrarily deprived of the right to enter his own country. ILC Draft Articles on the Expulsion of Aliens, Art. 8: “A State shall not make its national an alien by deprivation of nationality for the sole purpose of expelling him or her . 123 ECtHR, K2 v United Kingdom (2017), Application no. 42387/13, para 50. UN Human Rights Council, Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, Martin Scheinin : ten areas of best practices in countering terrorism, 22 December 2010, A/HRC/16/51, available at: https://www.refworld.org/docid/4e0c2ace15.html [accessed 16 June 2020]. 124 45