The term “vital interests” is to be interpreted as imposing a higher threshold than
offences against “national interests”.57 The essential function of the State is to
safeguard its integrity and external security and protect its constitutional foundations.
Only acts which are seriously prejudicial to that function and other vital interests
warrant deprivation of nationality under Article 8(3)(a)(ii).58 Deprivation of nationality
of an individual who commits such acts should only be used where protecting a
Contracting State’s vital interests cannot be achieved through other less intrusive
means.
For an individual to be deprived of the nationality of a Contracting State under
Article 8(3)(a)(ii), they must already have committed the relevant acts at the time a
decision to deprive them of their nationality is taken.59 Conduct giving rise to
deprivation of nationality under this provision cannot consist of acts potentially
occurring in the future.
Depending on the domestic context, certain “terrorist acts” may fall within the
scope of Article 8(3)(a)(ii). According to UN General Assembly Resolution 60/288 of
2006, terrorist activities are aimed, inter alia, at “the destruction of human rights,
fundamental freedoms and democracy, threatening territorial integrity, security of
States and destabilizing legitimately constituted Governments.”60
Laws that permit deprivation of nationality on the grounds of terrorism should be
publicly available and be precise enough to enable individuals to understand the scope
of impermissible conduct. States should regularly review domestic legislation on
counter-terrorism to ensure compliance with developments in international law.61
Legislation on membership or affiliation with terrorist groups or armed non-State actors
amounting to conduct which could result in deprivation of nationality should clearly
define “membership” and the thresholds for conduct which would trigger legal
proceedings on deprivation of nationality.62
Contracting States may further be guided by the international conventions and
protocols relating to terrorism, which set out specific acts considered to be of a terrorist
57
The term “national security” is used in the wording of Articles 1(2)(c) and 4(2)(c) of the 1961 Convention.
United Nations Conference on the Elimination or Reduction of Future Statelessness, Summary Records, 21st
Plenary Meeting, 11 October 1961, A/CONF.9/SR.21, p. 13: The travaux preparatoires indicate that the wording
of Article 8(3)(a)(ii) is intended to exclude criminal offences of a general nature.
59 This interpretation is based on the plain meaning of Article 8(3) of the 1961 Convention, which is drafted in the
past tense, i.e., “has conducted himself”.
60 UNGA Res. 60/288, 20 September 2006, preambular para. 7.
61 See e.g., Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the
protection of human rights and fundamental freedoms while countering terrorism, 19 December 2014,
A/HRC/28/28, para. 26: “National legislation that fails to define ‘membership’ or to require a link between the
membership and the prohibited status or activity would be contrary to the principle of legality, in particular where
such membership leads to targeted sanctions or criminal penalties, such as imprisonment. Any sanctions
imposed by proscription should be a result of a clear indication, based on reasonable grounds, that the individual
or entity has knowingly carried out, participated in or facilitated a terrorist act.”
62 See e.g., Human Rights Council, Report of the United Nations High Commissioner for Human Rights on the
protection of human rights and fundamental freedoms while countering terrorism, 19 December 2014
A/HRC/28/28, para. 26.
58
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