PRINCIPLES ON DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE
PREAMBLE
Affirming that States are obligated under the Charter of the United Nations to take
joint and separate action to maintain international peace and security and to achieve
universal respect for, and observance of, human rights and fundamental freedoms
for all without distinction;
Recalling basic principles of international law, as set out in the UN Charter, general
principles of law, treaties, customary international law, judicial decisions and legal
scholarship, regional legal frameworks and other sources;
Recognising that States have an international legal obligation to protect all persons
in their territory or subject to their jurisdiction and a right to take effective and lawful
steps to protect national security;
Upholding the principle of non-regression and encouraging the progressive
development and codification of international law;
Reaffirming that States and the international community as a whole must ensure
that any measures taken to protect security and counter terrorism comply with all
their obligations under international law, in particular international human rights
law, international refugee law and international humanitarian law;
Underscoring that respect for human rights, fundamental freedoms and principles
of non-discrimination, equality and the rule of law are complementary and mutually
reinforcing with effective security measures, and are an essential part of a successful
security and counter-terrorism effort;
Remembering our shared world history in which the State’s power to deprive
citizens of their nationality has been a precursor to committing the gravest crimes
and unimaginable atrocities which deeply shocked the conscience of humanity;
Noting that a small but growing number of States have resorted to deprivation of
nationality as a counter-terrorism and national security measure, with some States
amending their laws to expand existing powers or introduce new powers to enable
deprivation of nationality, and other States relying on existing powers, which are
being construed expansively to apply to situations not previously envisaged;
Recognising that States have increasingly used deprivation of nationality to
safeguard national security, despite the lack of any evidence of its effectiveness and
in the face of evidence that such practices are likely to be counterproductive.
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