transition “towards prioritising […] actively returning their citizens,
and then domestically prosecuting or reintegrating them based on
their newly developed criminal history”.73 As a result, these Central
Asian governments have focused on taking responsibility for the
repatriation, rehabilitation and de-radicalisation of their citizens,
who have come to also be portrayed as 'victims' in need of
support rather than uniquely as a security threat.
Another avenue through which to further to better understand
the use of deprivation powers in practice is to look more closely
at who has been targeted and the circumstances of the case.
Thanks to the media frenzy that surrounded her case, many are
familiar with the story of Shamima Begum and what happened
to her after she was stripped of her British nationality.74 But
what happened to other denationalised citizens? Here are four
examples of what followed after deprivation of nationality.
When the wider global trend towards increased instrumentalisation of citizenship stripping as a national security measure is
distilled down to the level of an individual case, the practicali-
30
ties of what is involved in and what follows after deprivation of
nationality are laid bare. According to security experts that are
critical of the use of nationality deprivation in the fight against
terrorism, states that have embraced this measure are essentially “avoiding the tough, but necessary, responsibility of dealing with
their own citizens”.88 As the case of Prakash demonstrates, this
may result in “moving the problem around like a hot potato”,89 passing the responsibility of dealing with such individuals to another
state – in his case Turkey, a country that has felt the brunt of
other governments’ recourse to nationality deprivation of ‘foreign fighters’ who joined ISIS. The cases of Fatima H., Hisham R.,
and Kamel Daoudi show that even this outcome is not guaranteed, as the governments that served the deprivation decisions
remain encumbered with the problem of what to do with these
former-citizens, now in limbo on their territory. The killing by
drone strike of Mohamed Sakr and Bilal al-Berjawi demonstrates
what the withdrawal of their British citizenship – and with it, the
protection of the state – can precipitate. In none of these cases is
nationality deprivation an easy administrative 'fix' to the complex
challenge of combating international terrorism.
THE NETHERLANDS
Fatima H. and Hisham R.
FRANCE
Kamel Daoudi
Deported to the Netherlands after
being stripped of Dutch nationality
Stranded in limbo in France after
being stripped of French nationality
In 2019, Turkey deported Dutch-Moroccan Fatima H. and
her two children back to the Netherlands, after her Dutch
citizenship was revoked under Article 14(4) DNA. Turkey gave
two reasons for deporting Fatima H. back to the Netherlands:
Turkey does not have sufficient extradition agreements
with Morocco, and it was the Netherlands’ own choice to
revoke her nationality.75 After returning to the Netherlands,
she was taken into custody as an undesirable foreigner
and prosecuted for participating in terrorist activities. In
2021, a court in Rotterdam found Fatima guilty of actively
participating in a terrorist organisation and sentenced her
to four years of imprisonment.76 After serving her sentence,
the Dutch government will seek to deport her to Morocco.
In 2021, Hicham R. was similarly deported back to the
Netherlands by Turkey, despite already being deprived of his
Dutch nationality. He was arrested on arrival, and placed into
custody, with the government seeking to prosecute him and
then deport him to Morocco.77
Daoudi was a French-Algerian dual national. He was arrested
in the UK in September 2001 on suspicion of having plotted
a terrorist attack against the US Embassy in Paris. He was
convicted of “criminal association in relation to a terrorist
undertaking” and was stripped of his French nationality in
May 2002. After serving a six-year prison sentence, he was
released in April 2008 and immediately placed in a detention
center pending deportation.78 In 2009, however, the European
Court of Human Rights held that deporting him to Algeria
would expose him to prohibited "inhuman and degrading
treatment”,79 and therefore ordered France to suspend the
deportation order.80 Daoudi was instead made the subject of
compulsory and lifelong house arrest.81 In 2018, the French
authorities declined to renew Daoudi’s provisional residence
permit leaving him in an undocumented legal position.82
AUSTRALIA
Neil Prakash
UNITED KINGDOM
Mohamed Sakr and Bilal al-Berjawi
Stuck in immigration detention in Turkey after
being stripped of Australian nationality
Killed by drone strike after
being stripped of British nationality
After Melbourne-born Neil Prakash appeared in recruitment
material for Islamic State and was linked to several Australiabased attack plans, the Australian government stripped
him of his citizenship in December 2018.83 While the
Australian government claims Prakash is a Fijian national, the
authorities of Fiji do not, in fact, recognise him as a citizen.84
When Prakash completed a prison sentence for terrorismrelated charges in Turkey in February 2022, he was remanded
into immigration detention while Turkey waits to see if any
country will take him.85
In 2010, the UK government stripped Mohamed Sakr and
Bilal al-Berjawi of their British citizenship while they were
in Somalia, on the grounds that they were allegedly involved
with al Shabaab.86 They were on the list of the British counterterrorism agencies for some years. In 2012, both of them
were killed in a US drone strikes.87 Berjawi was survived by
his wife and son, while Sakr was survived by his parents who
blamed the British government for his death.
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