State in disregard of an express prohibiting by the Contracting State (Art. 8(3)(a)(i) 1961
Convention), or conducts “himself in a manner seriously prejudicial to the vital interests of
the State Art. 8(3)(a)(ii) 1961 Convention);
When a “person has taken an oath, or made a formal declaration, of allegiance to another
State or “given definite evidence of his determination to repudiate his allegiance to the
Contracting State Art. 8(3)(b) 1961 Convention).
Furthermore, the ECN also lists a number of legitimate purposes which could warrant the loss of
nationality ex lege or at the initiative of a State Party in Article 7(1), which are largely similar to
those listed in the 1961 Convention. However, it explicitly states that these should not result in
statelessness, with the exception of acquisition of the nationality of a State Party by means of
fraudulent conduct, false information or concealment of any relevant fact attributable to the
applicant (Art. 7(3) ECN).
73. The Tunis Conclusions, interpreting the 1961 Convention and drawing from the travaux
préparatoires, clarify that ‘legitimate purpose’ must be narrowly interpreted to mean that: 128
Conduct must threaten the foundations and organization of the State whose nationality is at
issue;
The individuals concerned have the capacity to impact negatively the State;
“Vital interests sets a considerably higher threshold than “national interests ;
Criminal offences of a general nature are not covered.
74. The Convention’s provisions on nationality deprivation in the context of loyalty and allegiance to
the State are recognized to be mostly outdated. In relation to Article 8(3)(b), the Tunis Conclusions
state that “this provision … has … been largely superseded by later developments in domestic
nationality laws which increasingly place less importance on formal allegiance to the State, in
particular due to the marked decline in compulsory military service and the increasing acceptance
of dual nationality. 129
75. However, “depending on the domestic context, certain ‘terrorist acts’ may fall within the scope
of Article 8(3)(a)(ii) . The threshold for this is very high. Denaturalization can only be based on
conduct ‘seriously prejudicial to the vital interests of the State’. Attention to a State’s own
national security interests alone may be insufficient when deprivation of nationality may affect
the national security of another state and “mere membership in a terrorist group or the fact of
receiving training from a terrorist group generally does not constitute a terrorist act. 130
76. In addition, the Explanatory Report to the ECN explains with regard to “conduct seriously
prejudicial to the vital interests of the State Party that it “ … notably includes treason and other
activities directed against the vital interests of the State concerned (for example, work for a
foreign secret service), but would not include criminal offences of a general nature, however
serious they might be. 131 Below, different purposes for deprivation of nationality that cannot be
considered as legitimate are considered in more depth. This is not an exhaustive list.
128
UNHCR, ’Tunis Conclusions‘
, para .
UNHCR, ‘Tunis Conclusions’,
, para .
130
UNHCR, ‘Guidelines No ’
, paras , .
131 Explanatory Report to the ECN, para 67.
129
47
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