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 UNHCR > GUIDELINES ON STATELESSNESS NO.5 19

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