56.
Bestowal, refusal, or withdrawal of nationality in contravention of
international obligations must not be condoned. The illegality on the
international level, however, is generally irrelevant for the purposes of
Article 1(1). The alternative would mean that an individual who has been
stripped of his or her nationality in a manner inconsistent with international
law would nevertheless be considered a “national” for the purposes of
Article 1(1); a situation at variance with the object and purpose of the 1954
Convention.40
40
The exception to the general approach may be situations where the breach of international
law amounts to a violation of a peremptory norm of international law. In such circumstances,
States may be under an obligation not to recognise situations flowing from that violation
as legal. This may involve non-recognition of the nationality status including, perhaps, how
this status is treated in an Article 1(1) determination. The exact scope of this obligation under
customary international law remains a matter of debate.
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PART ONE
Prohibitions in terms of customary international law are not so clear,
though one example would be deprivation on the grounds of race.
23