discretion in this area is subject to the individual right to nationality,30 the prohibition of arbitrary deprivation of nationality, 31 the prohibition of discrimination 32 and the obligation to avoid statelessness.33 17. The Belgian Nationality Code provides for deprivation of nationality on the grounds of serious violation of duties as a Belgian national, conviction for certain crimes, fraud, or after the annulment of a marriage of convenience if Belgian nationality was acquired through marriage.34 18. Since January 2013, Belgian nationality can be revoked if the person concerned has been convicted of one of the crimes included in a list of the most serious crimes stipulated in Article 23/1 (1) of the Belgian Nationality Act. The list includes, among others, crimes linked to the violation of the domestic and international security of the State (which includes terrorism), attempts to kill the King or overthrow the Government, migrant smuggling, and high treason. Article 23/2 of the Belgian Nationality Act further expands deprivation of nationality powers by regulating deprivation of nationality following a conviction for a terrorist offence punished by at least five years of imprisonment.35 It should be taken into consideration that in and of itself, deprivation of nationality may cause severe mental suffering, as the identity of the person concerned has been taken away and that person is left in a state of uncertainty. It was recognised by the InterAmerican Court of Human Rights in Maritza Urrutia v. Guatemala that “the elements of the concept of torture [...] include methods to obliterate the personality of the victim in order to attain certain objectives, such as [...] intimidation or punishment”.36 In Trop v. Dulles, the United States Supreme Court found that denaturalisation was cruel and unusual because “the punishment strips the citizen of his status in the national and international political community. […] In short, the expatriate has lost the right to have rights”.37 19. There is a safeguard against statelessness in all provisions permitting deprivation of Belgian nationality, except if nationality was acquired by fraud. In this case, even if the person does not have another nationality, deprivation of nationality will be ordered after the expiry of a reasonable period determined by the Court to allow the person to try and recover their original nationality. Under the Belgian Nationality Code, deprivation may not be requested for persons who hold Belgian nationality through one Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, 27 March 2008, A/HRC/RES/7/10; Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, 26 March 2009, A/HRC/RES/10/13; Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, 24 April 2010, A/HRC/RES/13/2; Human Rights Council Resolution 20/4, The right to a nationality: women and children, 16 July 2012, A/HRC/RES/20/4; Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, 16 July 2012, A/HRC/RES/20/5; Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, 11 July 2014, A/HRC/RES/26/14; Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, 15 July 2016, A/HRC/RES/32/5. 31 Principles on Deprivation of Nationality as a National Security Measure, March 2020, available at: https://files.institutesi.org/PRINCIPLES.pdf, Principle 7. See also, the Draft Commentary to the Principles, available at: https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf. 32 Ibid., Principle 6. 33 Ibid., Principle 5. 34 Article 23 of the Belgian Nationality Code. 35 Wautelet, P., “Deprivation of Citizenship for ‘Jihadists’, Analysis of Belgium and French practice and policy in light of the principle of equal treatment”, January 2016, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2713742. 36 IACtHR, Maritza Urrutia v Guatemala (2003), Series C No. 103, para 94. 37 United States Supreme Court, Trop v Dulles, 356 US 86 (1958), available at: https://supreme.justia.com/cases/federal/us/356/86/. 30 7