Statelessness Working Paper Series No. 2017/7 1. Introduction For the first time, the former Dutch Minister of Security and Justice (Stef Blok) stripped four alleged foreign terrorist fighters of their Dutch nationality2 in September 2017.3 All four are of Moroccan descent, and were dual nationals. The Minister stated that their behaviour goes against all Dutch values and that they are, therefore, no longer worthy of being Dutch nationals.4 In March 2017, a controversial bill was adopted by the Dutch Senate that gives the Minister discretionary power to deprive a person’s citizenship prior to criminal conviction, if it does not render a person stateless.5 Citizens who are abroad, at least 16 years of age and—on the basis of their behaviour—appear to be part of an organisation ‘blacklisted’ as partaking in national and international armed conflict (which includes ISIS and Al-Qaida) can be denationalised.6 This administrative measure currently exists alongside Article 134a of the Dutch Criminal Act (Wetboek van Strafrecht) which regulates deprivation of nationality for people convicted of terrorism. One of the concerns raised by academics and policy makers—and the focus of this reflection—is that both the criminal and administrative measure on deprivation of citizenship in the Netherlands only allow revocation of citizenship for dual citizens (or people with multiple citizenship). Such revocation is— according to the Netherlands—in line with international law. The Netherlands is party to the 1961 Convention on the Reduction of Statelessness (1961 Convention), which generally prohibits deprivation of nationality if it results in statelessness.7 A stateless person is a person who is not considered a national of any country under the operation of its law.8 Revoking Dutch citizenship of people who have more than one nationality can prevent statelessness in some cases. Yet, several questions remain unanswered: would distinguishing between nationality statuses, i.e. people with one nationality v. dual nationals or birthright nationals v. naturalised nationals, be discriminatory and therefore prohibited under international law? Does such an approach create hierarchy in different sorts of citizenship? And is the prevention of statelessness guaranteed? In practice, people affected by this measure are often naturalised citizens or people who acquired dual nationality at birth, in both cases people of foreign descent. People with one nationality (often birthright nationals) cannot be denationalised—even if they commit a terrorist act—and will be subject to other administrative measures, such as freezing assets, withholding social aid, revoking passport, jail sentence. However, dual nationals who (allegedly) commit a terrorist offence are denationalised because they are not deemed to be loyal towards the State. While naturalised citizenship is made conditional upon good behaviour, this is not the case for birthright citizens. The Netherlands is just one of the many states that expanded their Minister’s powers to denationalise people with more than one nationality. This seems to create two classes of citizenship. For instance, Australia, Russia, and the United Kingdom have similar provisions on denationalization in their national 2 The terms nationality and citizenship in this reflection are used interchangeably. Rijksoverheid, Minister Blok trekt Nederlanderschap in van 4 personen, 13 September 2017, https://www.rijksoverheid.nl/actueel/nieuws/2017/09/13/minister-blok-trekt-nederlanderschap-in-van-vierpersonen 4 NOS, Nederlanderschap van vier Jihadisten ingetrokken, 13 September 2017, https://nos.nl/artikel/2192744nederlanderschap-van-vier-jihadisten-ingetrokken.html. 5 This administrative measure currently exists next to Article 134a of the Dutch Criminal Act (Wetboek van Strafrecht) which regulates deprivation of nationality for people convicted of terrorism. 6 Stb. 2017, 67. 7 UN General Assembly, Convention on the Reduction of Statelessness, 30 August 1961, United Nations, Treaty Series, vol. 989, p. 175, Article 8(1). 8 Ibid. Article 1(1) 3 5