Nevertheless, even if the number of individuals directly impacted
by nationality deprivation is relatively limited and powers brought
in remain unused in some states, the resurgence of citizenship
stripping has a corrosive effect on the most fundamental legal
status one can obtain: a nationality, which is also protected as
a human right. Instrumentalising citizenship in the fight against
terrorism risks normalising denationalisation as a legitimate
power for states to hold over their citizens, with a knock-on
impact for efforts internationally to protect right to nationality and
prevent statelessness. In an era of rising authoritarianism, growth
of the security state, and increasing populism, xenophobia and
racism, citizenship is under threat in countries around the globe
in ways not seen for generations. As more states treat nationality
as a privilege that can be taken away at the discretion of the
government, the prospect for successfully protecting against
arbitrary deprivation of nationality – as provided for under the
Universal Declaration of Human Rights – is progressively eroded.
It is imperative to call a moratorium on the use of citizenship
stripping in the fight against terrorism. It is time for those states
that recognise nationality as a right to lead the way in challenging
the post 9/11 expansion of nationality deprivation powers and
for states that have these powers on their books to urgently
reconsider the appropriateness of instrumentalising citizenship
stripping as a security measure.
The widely endorsed Principles on Deprivation of Nationality as a
National Security Measure and their accompanying Commentary
provide a framework to guide states on how they can effectively
navigate this issue, in line with their international obligations.
ENDNOTES
1
D. Malet, ‘ISIS Foreign Fighters: Keep Your Enemies Closer’, Australian Outlook (28 February 2019), available at: https://www.internationalaffairs.org.au/australianoutlook/
isis-foreign-fighters-keep-enemies-closer/.
2
‘Open Letter from National Security Professionals to Western Governments: Unless We Act Now, the Islamic State Will Rise Again’, (11 September 2019) available at: https://
thesoufancenter.org/wp-content/uploads/2019/09/FTF-Open-Letter.pdf.
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