equivalent to loyalty to a State.77 For example, a person’s decision to join a rebel group would not constitute allegiance to another State. Deprivation of nationality may thus occur if the individual in question has taken a formal step in declaring their allegiance to another State (i.e., an oath or formal declaration). For example, an individual may take such an oath of allegiance during a naturalization procedure. As a matter of good practice, Contracting States should ensure that the elements constituting the relevant oath or declaration of allegiance to another State are clearly stipulated in domestic legislation. In addition, the Contracting State should give the individual in question appropriate warning that as long as their oath or declaration remains valid, they are at risk of being deprived of the nationality of the Contracting State. The individual should also be given a fair and reasonable time to respond to the warning. In the case of repudiation of allegiance to a Contracting State, the act constituting the repudiation should be of comparable gravity to taking an oath or making a formal declaration of allegiance to another State. For example, an individual may fall within the scope of Article 8(3)(b) if they defect from the military during an armed conflict and join the military of an opposing State party to the conflict. Alternatively, there must be “definite evidence” of a person’s “determination to repudiate their allegiance” to the Contracting State in order for deprivation of nationality to occur.78 This necessitates a thorough assessment of all evidence on which the Contracting State is relying before it can be determined that the individual concerned has met the relevant threshold for deprivation of nationality on this ground.79 Deprivation of nationality must be in accordance with law which provides for a fair hearing (1961 Convention, Article 8(4)) Article 8(4) of the 1961 Convention provides that “[a] Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article except in accordance with law, which shall provide the person concerned the right to a fair hearing by a court or other independent body.” There are therefore two requirements for deprivation of nationality to be permissible under Article 8(2) or 8(3): that the power of the State to deprive a person of nationality be set out in a Contracting State’s law and that this law ensures that any person who is deprived of nationality under Article 8(2) or 8(3) be entitled to a fair hearing before a court or independent body.80 It is notable that while the 1961 Convention permits Contracting States a limited ability to deprive individuals of nationality even where it would lead to statelessness, all such individuals are entitled to an unqualified right to a fair hearing under Article 77 See paragraph 57 above. 1961 Convention, Article 8(3)(b). 79 ibid., Article 8(4). See also paragraphs 72-75 and 97-108 below. 80 See paragraphs 97-108 below. 78 UNHCR > GUIDELINES ON STATELESSNESS NO.5 22