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seeking entry to or exit from a State; the permissibility of a State’s
exercise of diplomatic protection; the permissibility of a State’s exercise of extraterritorial jurisdiction; and the legitimacy of a State’s international sanctions and wartime undertakings. Nationality did not
implicate the extension of citizenship with its concomitant civil and
political rights.
This Section discusses the framing and events of World War
II that bore on nationality and the broader human rights regime. It
then turns to the works of jurists and State practice in the postwar period, focusing in particular on States’ understanding of nationality, as
evidenced by the text and travaux préparatoires of international instruments.
A. The Challenges of War and Nationality: World War II
In World War II, as in World War I, several States arbitrarily
detained stateless persons and expropriated their property. 89 Millions
of stateless persons, persecuted and denationalized, flooded Europe
once more.
World War II and its lead-up exacerbated the post-World
War I refugee and statelessness crisis in Europe. In 1933, the German Reich promulgated a law authorizing the denationalization of
those “regarded as undesirable.” 90 Thousands of Jews were individually denationalized in both Germany and its annexed territories. 91
Two years later, the Nuremberg Laws were passed, rendering Jews,
Roma, and persons of African descent German subjects rather than
citizens. 92 Hundreds of thousands fled German control and spread
across Europe. 93 Many of these refugees were stateless or at risk of
89. See United States ex rel. Schwarzkopf v. Uhl, 137 F.2d 898 (2d Cir. 1943); Hans
Goldschmidt, Recent Applications of Domestic Nationality Laws by International Tribunals,
28 FORDHAM L. REV. 689, 690 (1959); Eritrea-Ethiopia Claims Commission - Partial Award:
Civilian Claims - Eritrea's Claims 15, 16, 23 and 27–32, 26 R. INT’L ARB. AWARDS 195, ¶
127 (2004) (discussing the widespread nature of States’ detention and expropriation
practices during World War I and World War II).
90. Law on the Revocation of Naturalization and the Deprivation of German
Citizenship (Ger.) (adopted on July 14, 1933); see VISHNIAK, supra note 38, at 24.
91. OSCAR JANOWSKY & MELVIN FAGEN, INTERNATIONAL ASPECTS OF GERMAN RACIAL
POLICIES 217–28 (1937).
92. DORIS L. BERGEN, WAR AND GENOCIDE: A CONCISE HISTORY OF THE HOLOCAUST
71–73 (2d ed., 2009); VISHNIAK, supra note 38, at 25. There is some measure of scholarly
dispute over whether the Nuremberg Laws rendered affected persons non-citizen nationals
or stateless. This dispute is referenced infra, note 168.
93. See generally Susanne Heim, International Refugee Policy and Jewish Immigration
Electronic copy available at: https://ssrn.com/abstract=2954729