in connection with an armed conflict” (Austria).41 The case study
visions however are less clear. For example, one of the grounds
of the Netherlands, below, offers another illustrative example
for deprivation relates to “acts deemed incompatible or prejudicial”
of the successive expansion of deprivation powers in Europe. In
to the State. Under the law in force in 2000, the scope of this
Denmark, law reform has gone one step further still and the naprovision extended to acting on behalf of a “foreign state”46. Untionality law now precludes children
der the 2005 amendment, the scope of
from acquiring Danish citizenship by
this provision was extended to include
descent if they are born in a “conflict
acting on behalf of a “foreign actor”.47 In
Denmark
presents
a
particularly
striking
42
zone” – as set out in the boxed text.
both cases there is no requirement for
example of the influence of national
these acts to be established by a court
security considerations on citizenship
The MENA region has also seen
of law.
policy. Already having amended its laws
sweeping changes to laws on nationin 2004, the country adopted additional
ality deprivation, with eight states
Libya’s deprivation laws also apply to
provisions in 2020, not specifically on
amending their laws to broaden powa subcategory of naturalised citizens –
depriving nationality, but rather on the
ers43 – in many cases adding ambigthose who acquired nationality within
transmission of nationality to children
uous grounds that apply mostly to
a specific time frame. In 2000, only
born to parents unlawfully residing in
naturalised citizens and often without
those who had committed certain acts
“conflict zones”. The amendment blocks
basic procedural safeguards in place.
within five years of acquiring nationthe jus sanguinis acquisition of citizenship
Six of the eight countries that exality, could be stripped of it. Those
for children born in areas where a terrorist
panded the scope of their deprivation
offences were largely centred around
organisation is party to an armed conflict.
powers maintain grounds that can be
disloyalty to the state and the King,
The bill’s explanatory report provides
invoked without a conviction. Moreobut also included other ambiguous
an insight into the justification for this
ver, none of these countries provide
grounds such as conviction of any ofextreme policy: ‘[t]hese children are born
for safeguards to ensure that statefence involving moral turpitude or a
to parents who have turned their back
lessness does not occur.
royal decree showing grounds for the
to Denmark and Danish values, and they
same. In 2010 the law was amended
cannot be expected to grow up under
In 2005, for example, Algeria broadextending the time frame in which a
circumstances that will provide for their
ened the scope of its deprivation
naturalised citizen could be stripped of
attachment to Denmark and Danish values’.
powers. Previously, in 2000, a natunationality from five to ten years. New
ralised citizen could be stripped of nationality for being convicted of a crime
“against security of the State”44, but this ground was expanded in
2005 to include crimes “affecting the fundamental interests”45 of
the state. It is worth noting that there are procedural protections
inherent in this ground for deprivation as it is subject to a criminal conviction. The procedural protections regarding other pro-
grounds for denationalisation were
also introduced with amendments to
the provisions – including for instance infringing upon Libya's
security or any of its interests. These new grounds and parameters greatly broadened the scope and grounds of who could be
stripped of nationality, notably with no procedural safeguard in
place.
THE NETHERLANDS:
SUNSET CLAUSES, EVALUATIONS AND (IN)EFFECTIVENESS OF NATIONALITY DEPRIVATION
In its original form, as promulgated in 1984, Article 14 of the Dutch Nationality Act (DNA) only provided for deprivation of nationality
where it had been obtained by fraud (currently Art. 14(1)).48 Since 2010, there has been a gradual expansion of the powers to revoke
nationality for national security reasons:
•
•
•
2010: Article 14(2)49 – Following conviction for various criminal offences, including the commission terrorist offences, joining foreign armed forces, and offences under the Rome Statute.
2016: Article 14(2b)50 – Following conviction for assistance in or preparation of the commission terrorist offences.
2017: Articles 14(3) and 14(4)51 – Voluntarily entering the foreign military service of a state involved in hostilities against the Netherlands; or joining an organisation that is listed as constituting a threat to national security.52
Different procedural standards are at play in the application of these nationality deprivation powers: while Article 14(2) requires a
criminal conviction in order to be invoked, Articles 14(3) and 14(4) can be invoked by the Minister of Justice and Security without a
conviction. All of these provisions are, however, subject to Article 14(8) DNA, which provides that “the loss of Dutch nationality shall not
occur if it would result in statelessness”. As such, these deprivation powers can only be exercised against Dutch citizens who also hold
another nationality.
A key and controversial provision for deprivation of nationality in a counter-terrorism context in the Netherlands is Article 14(4) DNA,
introduced in 2017:
“
28
Our Minister may revoke the Dutch citizenship of a person who has reached the age of sixteen and who is
outside the Kingdom in the interest of national security, if his conduct shows that he has joined an organization
that Our Minister, in accordance with the views of the Council of Ministers, has been placed on a list of
organizations that participate in a national or international armed conflict and that pose a threat to national
security.”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents