Chapter 2. Europe and Statelessness
The large numbers of refugees339, already noted above and among which certainly
were stateless people, remained a cause for concern among states. It is worth noting
in this regard that the responses towards stateless people and refugees in principle
protected both groups, often without making a distinction between them.340 In the
context of the LoN, the aforementioned concern of states was met with the appointment
of a High Commissioner for Russian Refugees in September 1921: Fridtjof Nansen.
His task was to identify and repatriate over a million Russian refugees.341 He managed
to build up institutions to this end, which essentially were a blueprint for the later
established UNHCR.342 Indeed, the foundation of the High Commissioner has been
viewed as “a critical turning point in the long aftermath of the war, because it was
the first formal acknowledgement of international responsibility for refugees”.343 An
important achievement relevant to the stateless was the introduction of the so-called
‘Nansen passport’, which was (at first) a special identity certificate for Russian refugees.
The majority of these refugees, who had fled Russia because of the Civil War, were
stateless and faced a multitude of problems such as lack of freedom of movement and of
diplomatic protection.344
The statelessness of the Russian refugees was an issue of political debate at the time.
They were formally deprived of their citizenship in December 1921 by the Bolshevik
government. Recognition of statelessness of the former Russian subjects by officials of
other European states was viewed as acceptance of the new Russian government as it
would acknowledge the government’s right to deprive nationality of its citizens.345
Nansen had therefore emphasized that any action to address the plight of the refugees
should be regarded as “humanitarian and therefore politically neutral”.346
The Nansen passport, made possible through the Arrangement with respect to
the Issue of Certificates of Identity to Russian Refugees347, gave the Russian refugees
some form of legal status and a travel document. Furthermore, it made burden sharing
among host countries easier. In 1924, the Nansen passport was extended also to
Armenian refugees – often also stateless – by the Plan for the Issue of a Certificate of
339
340
341
342
343
344
345
346
347
For a short overview of the formation of modern international refugee law in the interwar period
see also Eric Fripp, Nationality and Statelessness in the International Law of Refugee Status (Hart
Publishing 2016) 104–108.
Carol A Batchelor, ‘Stateless Persons: Some Gaps in International Protection’ (1995) 7 International
Journal of Refugee Law 232, 240.
Claudena M Skran, ‘Profi les of the First Two High Commissioners’ (1988) 1 Journal of Refugee Studies
277, 280.
Ibid, 280–281.
Mira L Siegelberg, Statelessness. A Modern History (Harvard University Press 2020) 62.
Claudena M Skran, Refugees in Inter-War Europe. The Emergence of a Regime (Clarendon Press 1995)
102–103; Peter Fitzmaurice, ‘Between the wars – The Refugee Convention of 1933: A Contemporary
Analysis’ in David Keane & Yvonne McDermott (eds), The Challenge of Human Rights. Past, Present
and Future (Edward Elgar 2012) 236–255, 242–243.
Mira L Siegelberg, Statelessness. A Modern History (Harvard University Press 2020) 62–63.
Ibid, 63.
Arrangement with respect to the Issue of Certificates of Identity to Russian Refugees (signed 5 July
1922) 30 LNTS 238 (No. 855).
Intersentia
65
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents