2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS”
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Denationalized Germans fared no better in the British system. 36 Regardless of their actual connections to Germany, denationalized Germans were detained as enemy nationals, their property expropriated. Tasked with justifying the designation of stateless
persons as enemy nationals, British jurists declared that it would be
improper to find that a man “can shake off his position as a national
of the country in which he was born without acquiring the duties and
responsibilities of a national of some other country.” 37
Though these particular abuses of stateless persons did not
persist after the War, the influx of stateless persons to Europe and
Asia because of the Russian Revolution and the dissolution of the Ottoman Empire ensured that statelessness remained a salient issue. An
estimated 400,000 to 500,000 persons, most of them Jews, fled Russia in anticipation of, or in response to, the Russian Revolution. 38
France and Manchuria each received 70,000 displaced persons. 39
Germany faced an influx of over 50,000. 40 An “unknown” number
of persons sought refuge in the Balkans. 41 Between 1921 and 1925,
the USSR issued a series of decrees officially stripping its refugees of
their nationality, transforming them into de jure stateless persons. 42
Persecution in the Ottoman Empire, particularly of Armenians, exacerbated the mass displacement crisis. Non-Turks were, by
either decree or administrative decision, 43 denationalized for “political, racial, and religious reasons.” 44 During the drafting of the Treaty
of Lausanne establishing peace between the Ottoman Empire and the
Allies, one of the State representatives referred to the persecution and
displacement of non-Turks as “one of the greatest world scandals.” 45
Hundreds of thousands of Armenians, Assyrians, and AssyroChaldeans, stripped of their nationality, flooded the rest of Europe
and Central Asia. 46
36. See, e.g., R. v. Superintendent of Vine-Street Police Station, 32 TLR 3 (1921);
Stoeck v. Public Trustee, 37 TLR 666 (1921).
37. Ex parte Weber, [1916] 1 K.B. 280, 283.
38. MARC VISHNIAK, THE LEGAL STATUS OF STATELESS PERSONS 34–35 (1945).
39. Jane Carey, Some Aspects of Statelessness Since World War I, 40 AM. POL. SCI. R.
113, 114 (1946).
40. Id.
41. Id.
42. Id.
43. Id. at 115.
44. VISHNIAK, supra note 38, at 22.
45. Id. (quoting Lord Curzon).
46. General Report of the Governing Body to the 18th Assembly, League of Nations
Electronic copy available at: https://ssrn.com/abstract=2954729