Chapter 2. Europe and Statelessness
World War I and received large numbers of Belgian refugees that crossed the border to
safety.313
The enormous devastation caused by the war on the fighting fronts and beyond,
but also the aftermath of the war, caused large-scale movements and evacuation of
people. It was furthermore considered a war that was different from any war before
because of the number of casualties, the immense destruction that it caused, but also
because it kick-started innovation in some areas, and had all kinds of economic and
social consequences as well.314 Importantly for this study, it resulted in statelessness
on a large scale. Below, this chapter addresses the main causes of the emergence of
mass statelessness in Europe and the (legal) responses thereto by European states, also
discussing the different groups of people that became stateless.
The scale on which statelessness emerged in the context of World War I was
new. In his piece on the legal status of stateless people in World War I and II, Marc
Vishniak distinguished between individual causes of statelessness and causes of mass
statelessness.315 Individual causes of statelessness, such as people who remain stateless
at birth or who become stateless by marriage, are the result of conflicts of law and were
not considered ‘new’ – these had already existed before the War. Whereas these causes
of statelessness certainly contributed to the creation of statelessness, they were not the
important causes for statelessness becoming a large-scale problem. These were, inter
alia, related to the preoccupation of states to determine ‘who is in and who is out’ using
documents, registrations and controlling movements of people. Indeed, John Torpey
writes how actions directed towards that goal during World War I “led to the consolidation
of views about foreigners and methods for restricting their movements that would prove to
be an enduring part of the world”316 and how
“[t]he (re)imposition of passport controls by numerous West European countries and the
United States during the First World War and their persistence after the war was an essential
aspect of [a] ‘révolution identificatoire’ that vastly enhanced the ability of governments
to identify their citizens, to distinguish them from non-citizens, and thus to construct
themselves as ‘nation-states’”.317
Because of the war, large numbers of people fled and had been evacuated all over
Europe: refugees became an international problem for states and policy-makers in the
313
314
315
316
317
On the Netherlands during World War I, see for instance Paul Moeyes, Buiten Schot. Nederland
tijdens de Eerste Wereldoorlog 1914–1918 (digital ed, Uitgeverij De Arbeiderspers 2011).
Andreas Dorpalen, Europe in the 20th Century. A History (Macmillan 1968) 13.
Marc Vishniak, ‘The Legal Status of Stateless Persons’ in AG Duker (ed), Pamphlet Series: Jews and the
Post-War World (No. 6, American Jewish Committee 1945). Note that Vishniak defi nes statelessness
as “an individual’s lack of nationality” (7) and stateless people as “individuals who are not connected
with any country by ties of citizenship or nationality” (11). Th is defi nition resembles the current
defi nition of statelessness in international law, which also highlights the lack of nationality.
John Torpey, The Invention of the Passport. Surveillance, Citizenship and the State (Cambridge
University Press 2000) 111.
Ibid, 121.
Intersentia
61
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