authorities to deprive individuals of their nationality on security grounds. These new
powers have not necessarily coincided with an increase in their application, but they
have drastically expanded the potential reach of State action. In the UK, for example,
following recent amendments, it is now possible for the Home Secretary to deprive
naturalised nationals of their nationality even where this would render them stateless.
Expansive use of deprivation of nationality on
national security grounds in the UK
As a result of amendments to the British Nationality Act in 2014, statelessness
may arise from measures taken to protect national security. The amended
provision allows the UK Government to deprive naturalised nationals of
nationality when they have conducted themselves in a manner prejudicial to
the vital interests of the UK and there is no safeguard to prevent statelessness
on this ground. Although this new power has not yet been used in practice,
the UK has deprived British nationals of their nationality on the grounds
that it was ‘conducive to the public good’ to do so. In 2017 alone, the UK
Government issued 104 deprivation orders on this ground. In many cases, the
individuals were outside the UK when the deprivation was ordered, seriously
impeding their ability to challenge the decision.
Distinctions between nationals
In most Index countries, provisions to deprive individuals of their nationality
on national security grounds differentiate between nationals according to how
nationality was acquired. Albania, Belgium, Bulgaria, Cyprus, France, Ireland, Italy,
Malta, and Moldova reserve the application of deprivation powers to individuals who
acquired nationality after birth. However, in almost all cases the distinction is made
between multiple and single nationality holders to prevent deprivation on national
security grounds resulting in statelessness. Only Cyprus, Greece, Ireland and the UK
(on some grounds), do not have these safeguards, which means that individuals could
be made stateless if their conduct is deemed prejudicial to national security.
Implicit safeguard against statelessness in Italy
In Italy, the safeguard against statelessness is implicit rather than
explicit because the government ratified the 1961 Convention without
any reservation in 2015. Although the framing of Article 10bis of the new
legislation on deprivation of nationality on national security grounds does
not mention multiple nationalities, the introduction of Article 8 of the 1961
Convention into Italian law means that Italy cannot make individuals stateless
for the purposes of national security.
Inadequate determination of statelessness
To comply with international law, States are required to carefully examine an
individual’s nationality status and determine any risk of statelessness before issuing