Born of the Islamic State: Addressing Discrimination in Nationality Provision through a Rule of Law
Framework
Sean Lees
Statelessness Working Paper Series No. 2016/08
Institute on Statelessness and Inclusion
December 2016
Author biography
Sean Lees is an independent consultant with over ten years of experience in rule of law programming
and policy development. Lees was the former Senior Policy Advisor for International Development
Law Organization and a Rule of Law Officer in the UN Secretary-General’s Executive Office. Lees has
worked on rule of law and access to justice programmes in Afghanistan, Fiji, Iraq, Sudan and Thailand.
Lees is a graduate of Boston College Law School and University of California at Berkeley.
Author email
seanlees@gmail.com
Key words
access to justice — rule of law — Iraq — discrimination — SGBV — violence against women— Islamic
State
Abstract
The steady march towards the liberation of Iraq from the control of Islamic State (ISIS) is raising
concerns for the children born of sexual slavery and forced marriages. How can we guarantee access
to nationality for the children of women abducted by ISIS? What role might gender discrimination play
in denying these children the right to nationality and how can it be addressed? This paper argues that
the rule of law provides a conceptual framework to help rationalize and strengthen approaches
towards addressing statelessness, particularly in cases involving discrimination in nationality
provisions.