S870 COLUMBIA JOURNAL OF TRANSNATIONAL LAW [56:S855 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

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