5 INTERNATIONAL STANDARDS AND RESPONSES TO EXPANDING DEPRIVATION POWERS Under international law, “it is for each State to determine under its own law who are its nationals”1, which is accompanied with the right to determine who are not or no longer its nationals in so far as it is consistent with international law. Simultaneously, however, international human rights law provides for the right to a nationality and the right to not be arbitrarily deprived of nationality. The right to a nationality was first included in Article 15 of the Universal Declaration of Human Rights (UDHR)2, and has since been enshrined in various international and regional human rights instruments. The right to a nationality as a human right thus limits the sovereign prerogative of the state to regulate matters of nationality, as do a number of other related international standards, as set out below. 5.1. INTERNATIONAL LAW AND THE DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE. This section of the report offers a closer look at the application of the various international standards that curtail the use of nationality deprivation. There is a particular focus on the avoidance of statelessness, the principle of non-discrimination and the norms relating to arbitrariness, proportionality and due process. An analysis is also provided of the extent to which the bodies that monitor the implementation of relevant UN treaty norms have engaged with evolving state deprivation powers. The Principles restate or reflect international law and legal standards under the UN Charter, treaty law, customary international law, general principles of law, judicial decisions and legal scholarship, regional and national law and practice – discussed in detail in the accompanying extensive Commentary.4 As set out in the ‘Basic Rule’ articulated by the Principles, when considered collectively, the standards that limit and govern practices of nationality deprivation suggest that nationality should not be deprived for the purpose of safeguarding national security. A full analysis of the international law obligations that apply to situations in which states take, or consider taking, steps to deprive a person of nationality as a national security measure can be found in the Principles on Deprivation of Nationality as a National Security Measure (the Principles). The Principles were developed over a 30-month research and consultation period, with input from more than 60 leading experts in the fields of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and other related areas.3 PRINCIPLES ON DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE Principle 4 - Basic Rule 4.1. States shall not deprive persons of nationality for the purpose of safeguarding national security. 4.2. Where a state, in exception to this basic rule, provides for the deprivation of nationality for the purpose of safeguarding national security, the exercise of this exception should be interpreted and applied narrowly, only in situations in which it has been determined by a lawful conviction that meets international fair trial standards, that the person has conducted themselves in a manner seriously prejudicial to the vital interests of the state. 4.3. The exercise of this narrow exception to deprive a person of nationality is further limited by other standards of international law. Such limitations include: 4.3.1. The avoidance of statelessness; 4.3.2. The prohibition of discrimination; 4.3.3. The prohibition of arbitrary deprivation of nationality; 4.3.4. The right to a fair trial, remedy and reparation; and 4.3.5. Other obligations and standards set forth in international human rights law, international humanitarian law and international refugee law. Yet the analysis presented in this report shows that four out of five countries worldwide contain legal provisions allowing for the possibility of deprivation of nationality on at least one security-related ground (Section 2). As of 1 January 2022, a total of 134 out of 190 countries allow deprivation of nationality on the grounds of disloyalty – sanctioning a range of behaviour or offences relating to harm to the interests or security of the state, including acts of treason or terrorism (Section 3). Moreover, since the year 2000, 37 countries have actually introduced or expanded powers to deprive citizens of their nationality for disloyalty (Section 4), showing significant regression in respect of the international normative standards. This trend has been met with concern by human rights experts, as illustrated by a collective letter from five UN mandate holders to the United Kingdom in respect of the government’s intention to further erode procedural protections in relation to nationality deprivation by way of the 2021 Nationality and Borders Bill: 4.4. This basic rule also applies to the deprivation of nationality for other purposes, which serve as proxies to the purpose of safeguarding national security, as well proxy measures, which do not amount to deprivation of nationality but are likely to have a similarly adverse impact on individual rights. 33